Labour Research November 2016

Law Matters

Holiday pay

UNISON, supporting member Mr Lock, has achieved a significant Court of Appeal victory against British Gas.

The Court of Appeal confirmed that where employees receive results-based commission as part of their salary, under schemes like the one operated by British Gas, any calculation of statutory annual leave pay will take into account the commission element, as well as basic pay. 

UNISON general secretary Dave Prentis said: “It’s only fair that workers should receive their normal pay, including their regular commission, whenever they take their annual leave.”

UNISON has supported Mr Lock in the employment tribunal twice, as well as at the European Court of Justice and the Court of Appeal. British Gas may now appeal to the Supreme Court.