The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay.
Held: The right to holiday pay arose under the Regulations, but the pay was calculated under the Act. The pay did not vary with the amount of work done, but the test was first to be decided between subsections (2) and (3), and only then was subsection (4) to be applied, therefore that subsection did not operate to include commission in all pay calculations. Only where the pay varied with the amount of work done could commission also be added.
Judges:
Pill, Judge, Hale LJJ
Citations:
Times 23-Jan-2003
Statutes:
Working Time Regulations 1998 (1998 No 1833) 13, Employment Rights Act 1996 221
Jurisdiction:
England and Wales
Employment
Updated: 14 June 2022; Ref: scu.178772
