British Gas v Lock Tribunal WON

DocketLefty · Post by **DocketLefty** » 17 Oct 2016, 15:32

https://www.thehrdirector.com/business- ... employers/" onclick="window.open(this.href);return false;

Commission should now be included in Holiday pay for British Gas employees....

Get those grievances in people!!

Bahia Feliz · Post by **Bahia Feliz** » 17 Oct 2016, 16:23

What commision do posties get when working?

DocketLefty · Post by **DocketLefty** » 17 Oct 2016, 16:41

Theres always one

fishtank · Post by **fishtank** » 17 Oct 2016, 16:55

Although helpful this specific case doesn't really translate to royal mail.

The Court of Appeal, went on to make three points:

The judgment is confined just to Locks’s case [and therefore his specific circumstances].

There is nothing in the judgment that is intended to answer how different types of cases should be treated, for example, a salaried banker who receives a single, large results-based annual bonus.

The wording read into the WTR by the ET was expressed too widely insofar as it refers to all types of commission, and not just to contractual ‘results-based commission’ as in L’s case; therefore, the CA would ‘favour’ an appropriate amendment clearly confined to L’s case.

fishtank · Post by **fishtank** » 17 Oct 2016, 17:04

It's the Bear Scotland and others case that is more relevant to us.

payment in respect of overtime that the worker is obliged to work when it is available, but that is not guaranteed by the employer, constitutes part of the worker's normal remuneration and as such should be included in the computation of the worker's holiday pay.

Obviously the sticking point is...obliged.