The saga of how to calculate holiday pay continues. British Gas is appealing against the decision that commission should be included in holiday pay, arguing that commission should be treated differently to compulsory overtime. This is an issue which continues to affect employers and litigation is almost certainly not the solution: instead we need a definitive statement from the Government.
The issue of whether holiday pay should be bumped up to include additional benefits to go towards commission payments goes to an employment tribunal this week. The case focuses on a former sales employee of British Gas. In 2014, the European court of justice (ECJ) ruled that the salesman, whose salary included significant commission payments, should not be financially disadvantaged by the fact he could not earn commission during his holiday.