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

£23m housing scheme to open this summer St Martins Court Lancaster

£23m housing scheme to open this summer

22 Jun 2026

2

Digital future for Preston's iconic phone boxes The phone boxes

Digital future for Preston's iconic phone boxes

22 Jun 2026

3

National honour for Blackburn College restaurant Blackburn College Scholars award

National honour for Blackburn College restaurant

22 Jun 2026

4

£90m-backed regeneration plans submitted for Central Drive Artist's impression of Central Drive

£90m-backed regeneration plans submitted for Central Drive

19 Jun 2026

5

Manufacturers boost growth with digital investment Daleside Fabrication

Manufacturers boost growth with digital investment

19 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin