Leicester Employment Tribunal have ruled in favour of Mr Lock, saying that his holiday pay should include an element for his commission and that it was necessary to imply words into s16(3) of the WTR.

In relation to the claimant's complaint of an unlawful deduction of wages, the Working Time Regulations 1998 should be read so as to be consistent with Article 7 of the Council Directive 2003/88/EC (formerly Council Directive 93/104/EC) such that appropriate words should be added to domestic legislation to bring the calculation of a week's pay in conformity with Council Directive 2003/88/EC.

Regulation 16(3) of the Working Time Regulations 1998 is to be interpreted and applied as if it had the following paragraph added to it:

e) as if, in the case of the entitlement under Regulation 13, a worker with normal working hours whose remuneration includes commission or similar payment shall be deemed to have remuneration which varies with the amount of work done for the purpose of section 221.

Read the full text of the ET judgment here