UNISON have announced that the Supreme Court have refused British Gas the right to appeal in the Lock case meaning that the ET decision that regular commission payments should be included in statutory holiday pay stands. Last year the Court of Appeal upheld the commission pay element of the ET’s decision in British Gas Trading Limited v Lock & Secretary of State for Business, Innovation and Skills. This means that the UK’s Working Time Regulations 1998 can be interpreted to comply with the Working Time Directive, by adding words to Reg 16(3) so that commission payments which formed part of normal remuneration, which vary according to work done, must be included in the calculation of statutory holiday pay. However, the case must go back to the ET to determine the correct reference period that should be used to make the holiday pay calculation.

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