Changes to how the Insolvency Service calculates holiday pay payments
The EAT has decided that, if someone has received holiday pay from the Insolvency Service Redundancy Payments Service (RPS), this holiday pay should take into account commission if individuals were entitled to commission as part of their employment contract.
Hills v Niksun Inc  EWCA Civ 115
Appeal against a finding that the Claimant had been underpaid commission payments that were properly due to him from his former employer. Appeal dismissed.
British Gas Trading Ltd v Lock & Anor UKEAT/0189/15/BA
Appeal against a finding that domestic legislation could be interpreted in conformity with the requirements of the Working Time Directive, such that results-based commission payments (not dependent on the amount of work undertaken) must be included in the Claimant’s holiday pay. Appeal dismissed.