Lock v. British Gas, the case dealing with commission payments and annual leave has, it appears, reached a conclusion at last.


The Supreme Court has refused British Gas leave to appeal the case any further, meaning that the case is now at an end and its principal is set it law.

The new principal of law, having had the input of the European Court of Justice, is that individuals whose normal remuneration includes individual results based commission, should have that included in their annual leave. Currently this is a Court of Appeal decision, and is therefore binding on Tribunals and the EAT.


As the case has a strong European Court flavour, and as the British Government has consistently been vehemently opposed to the working time regulations at all, this could be one of the first rulings to come under challenge post-Brexit.

Exactly how this will happen is unclear, however.

In order to do away with this unpopular ruling, the government will either need to intervene and legislate against it, or lawyers will need to argue that, post-Brexit, the cases which have been influenced by the ECJ can be distinguished away from any cases post-Brexit and decided on a different basis.

Running the latter argument, and distinguishing post-Brexit from pre-Brexit cases will open the flood gates to a wholesale undermining of any case law that is influenced by European law.

Exciting times ahead indeed. Businesses should look to HR and employment lawyers for support and practical guidance.

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Updates: For employers: Holiday and working time | For employees: Holiday | General: News |
Tagged with: Holiday |

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