Posted by Gemma Ospedale, Partner
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.
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.
It pays to employ the right employment solicitor