Holiday pay rights

Every worker has the right to holidays paid at the worker's normal rate of pay. However, where someone is also entitled to commission it will not always be included in the assessment of the normal rate of pay.

The Court of Appeal has held that the fact that there is a reference to commission in the working time regulations does not mean that commission always has to form part of normal earnings for the purposes of calculating holiday pay.

* Evans v Malley Organisation, Court of Appeal 23 January 2003

The EAT has ruled that a newspaper boy did not have the right to paid holidays under the Working Time Regulations. The EAT held that he was not a "worker". It noted the regulations make no reference to the exclusion of children. However, neither do they make special provision for their protection, which the EAT said would have been the case had they been included.

* Addison t/a Brayton News v Ashby EAT, 17 January 2003