The Lawyer is reporting that the Lock v British Gas Trading Ltd decision from the Court of Justice of the European Union (CJEU), has now been remitted to the Leicester Employment Tribunal for hearing on 20–21 October. The CJEU followed the earlier advocate-general’s opinion and held that commission payments do fall within the concept of normal pay and employers should therefore take commission payments into account when calculating a worker’s holiday pay. The initial tribunal hearing will focus on whether the Working Time Regulations 1998 (WTR) can be read in a purposive manner that renders them consistent with the Working Time Directive (WTD) or whether it is possible to insert words into domestic legislation to make the WTR conform. If Mr Lock is successful at this first-stage hearing, there will be a further hearing in March 2015 to make judgment on the practical aspects such as whether the CJEU decision applies to the minimum four weeks’ leave under European law or 5.6 weeks’ leave under the WTR.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
