RSS Feed

Legal Updates

More Articles: Latest Popular Archives

Appeal lodged against ET decision in Lock v British Gas

The EAT is to be asked to look again at holiday pay, after British Gas, represented by Eversheds, lodged an appeal against the recent Employment Tribunal decision in the Lock v British Gas case. The appeal relates to the EAT’s decision last year in Bear Scotland v Fulton that EU law can be read so as to require employers to take into account non-guaranteed overtime payments when calculating statutory holiday pay under Regulation 13 of the Working Time Regulations 1998. In March this year the Employment Tribunal reached the same conclusion in relation to commission payments in the Lock case. British Gas is appealing on two grounds i.e. (i) commission and non-guaranteed overtime are dealt with under different provisions, which use different language and the ET incorrectly concluded that Bear Scotland overtime case, had any bearing on the outcome of Lock; and (ii) in any event, the EAT in Bear Scotland incorrectly concluded that UK domestic legislation could be interpreted purposively to give effect to EU law. The appeal will probably be heard by the EAT towards the end of this year. 

Download our App for more legal updates from theHRDIRECTOR

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. 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, SM&B 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.

Receive more HR related news and content with our monthly Enewsletter (Ebrief)