26/02/2016

Permission to appeal granted to British Gas in Lock holiday pay case

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Mr Justice Singh has granted British Gas Trading Limited leave to appeal to the Court of Appeal in the case of Lock v British Gas (UKEAT/0189/15/BA), a case concerning whether “results-based commission” should be taken into account when calculating holiday pay. The Judge had rejected British Gas’ arguments that the decision of the Employment Appeal Tribunal in Bear Scotland and others v Fulton and others [2015] ICR 221, which concerned overtime and holiday pay, could be distinguished or was wrongly decided.

Mr Lock was represented at the Employment Appeal Tribunal by Simon Cheetham and Victoria Webb, both of Old Square Chambers, instructed by Camilla Belich of UNISON Legal.

lock, british gas, holiday pay