Employers who follow employment law will be aware that there has, for some time, been confusion regarding whether the calculation of an employee’s holiday pay should take account of commission. Now, the Employment Appeal Tribunal (EAT) has upheld a decision of the Leicester employment tribunal in the case of Lock v British Gas, to the effect the Working Time Regulations 1998 (WTR) can be interpreted to include commission payments in the calculation of the four weeks’ annual leave provided by Reg 13 of the WTR.
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