Business clinic: What is included in holiday pay?

Holiday pay can be a complicated area for employers. If you have employees who regularly receive commission or overtime as part of their salary, should that be taken into account when calculating their holiday pay?

By Peter Byrne, partner and head of employment at Forbes Solicitors.

A recent European Court of Justice (ECJ) decision clarified the situation relating to commission and holiday pay. In the case of British Gas v Lock, Mr Lock was a salesman receiving basic pay and commission in relation to sales he made.

The ECJ decided that a worker taking leave is paid by reference to commission payments that they would have earned if they were at work.

A similar decision was made by The Employment Tribunal in relation to overtime in the case of Neil v Freightliner. In addition to his contracted hours Mr Neil worked regular overtime but his employers paid him holiday pay based upon his contracted hours only.

As Mr Neal's duties were to perform his contractual obligations, the work which he carried out as overtime fell within this definition.

These decisions confirm that where a worker’s pay consists of a basic salary and variable elements directly linked to their work, then holiday pay should be paid on the basis that the holiday pay received is comparable to normal pay as if the worker was still at work and not on leave.

The rules around holiday pay are already complex and not complying could leave a business open to a costly claim.Peter is a Partner and Head of Employment at Forbes Solicitors. He assists clients on the full range of employment issues and has dealt extensively with Transfer of Undertaking Regulations and other employment legislation, drafting and advising on contracts of employment, policies and procedures and Settlement Agreements. He is often involved in schemes of redundancies and discrimination cases.

Enjoyed this? Read more from Lancashire Business View

Latest news

1

New strategic partnership will start big conversations LBV UCLan Strategic Partnership

New strategic partnership will start big conversations

24 Apr 2024

2

County set to return to major national investment event Invest In Lancashire

County set to return to major national investment event

23 Apr 2024

3

FWP begins work on Bacup Market redevelopment project Bacup Market Visual FWP

FWP begins work on Bacup Market redevelopment project

22 Apr 2024

4

How our new technology streamlines the supply chain Transport Management System Technology.jpg.jpg

How our new technology streamlines the supply chain

24 Apr 2024

5

Gawthorpe Textile Collection unveils new premises at Northlight DSCF9834.jpg.jpg

Gawthorpe Textile Collection unveils new premises at Northlight

24 Apr 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
15 Apr 2024 - 17 Jul 2024

Help to Grow Management Course

Preston Campus , Preston , PR1 2HE

09:30 - 14:00

The Business Network Central & East Lancashire
LBV Hub Networking
25 Apr 2024

The Business Network Central & East Lancashire

Dunkenhalgh Hotel, Blackburn, BB5 5JP

11:30 - 14:15

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event
BU 2024 Events.jpg.jpg
LBV Hub Webinar
25 Apr 2024 - 25 Apr 2024

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event

Online, Blackpool , FY4 1EW

14:00 - 14:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
25 Apr 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Monthly Freelancer Meet-Up at Society1
Freelancer Meetup 4 pic graphic.png.png
LBV Hub Networking
25 Apr 2024

Monthly Freelancer Meet-Up at Society1

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 17:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry
LBV Hub Webinar
30 Apr 2024 - 30 Apr 2024

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry

Online - Zoom, Blackpool, FY4 2FG

10:00 - 11:00

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

FREE online event - 30 Minutes: How to decarbonise your business
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
01 May 2024

FREE online event - 30 Minutes: How to decarbonise your business

Online, Blackpool , FY4 1EW

10:00 - 10:30

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
01 May 2024 - 01 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin