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On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

5 April 2016 0 Comments
Posted in Employment, Opinion

Holiday pay

Author headshot image Posted by , Partner

The holiday pay case of Lock v British Gas, which has gone all the way to the ECJ and back to the EAT, has finally been decided in the EAT. The ECJ had held that Mr Lock’s holiday pay should be calculated by using basic salary and his results-based commission, and not just his basic salary. The EAT has held that the domestic legislation can be interpreted in a way which conforms to the EU law on holiday pay and so the appeal by British Gas was dismissed.

Following the Bear Scotland case, this was pretty inevitable as there have been a number of cases relating to this matter.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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