Tag Archives: holiday pay

ILN Today Post

Cinema Holiday Pay

This article was published in www.screentrademagazine.com / September 2017 / screentrade

The question of how to calculate holiday pay has been perplexing employers and their legal advisers since 2014, when a case brought by a British Gas worker upset the status quo. The worker in question, Mr Lock, received results-based commission in addition to his basic salary. However, when he was on holiday, Mr Lock was ‘paid basic salary only’, which inevitably left him financially worse off after a period of annual leave.

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The key to holiday pay: the door remains Locked

The Employment Appeal Tribunal has issued its judgment in the case of British Gas Ltd v Lock. Arguably the most awaited decision of the year thus far, this case involves a salesman for British Gas (Mr Lock) who claimed his holiday pay was underpaid as it reflected only his basic salary and took no account of any commission (which accounted for 60% of his take home earnings) he would have earned had he been at work.

In May 2014, Mr Lock’s case was referred to the European Court of Justice (CJEU) for guidance as to whether commission should be included in statutory holiday pay. It was the opinion of the CJEU that it should and so the matter was referred back to the Leicester Employment Tribunal, which in March 2015 followed the preliminary hearing of the CJEU and held that employers had to take account of performance-based commission payments when calculating holiday pay. 

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Feriegodtgørelse skal udbetales sammen med tabt arbejdsfortjeneste

Lønmodtager, som har ansættelse med løn under ferie, har krav på feriegodtgørelse som en del af sit erstatningskrav for tabt arbejdsfortjeneste efter erstatningsansvarslovens § 2, stk. 1. 

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