Appeal by British Gas against an order of the EAT dismissing British Gas’s appeal against a judgment of the Employment Tribunal. The sole issue before the tribunals was one of statutory interpretation. The practical question that is raised is whether the holiday pay of an employee with statutorily defined ‘normal working hours’, whose remuneration does not vary with the amount of work done during such hours, should (i) be calculated solely by reference to his basic pay; or (ii) include an element referable to the amount of the results-based commission he normally earned.
Sir Terence Etherton MR,m Gloster LJ, Sir Colin Rimer
[2016] EWCA Civ 983
Bailii
England and Wales
Employment
Updated: 24 January 2022; Ref: scu.570108