In the case above, the employee received commission on his sales, rather than for the additional time undertaken. He could not, therefore, earn commission whilst on holiday. In calculating his holiday pay, the ECJ confirmed that UK law should ensure that a worker taking leave is paid by reference to payments that the worker would have earned if at work. Mr Lock was therefore entitled to include commission as part of his basic pay for the purposes of calculating his holiday pay. The UK Courts are yet to confirm, however, how such calculations would be made where the additional element of pay is variable.
The case re-affirms the principle highlighted last week that where a worker is paid a basic salary as well as variable elements directly linked to work, such as overtime or premiums, holiday pay calculations should include those variable elements.
If you would like to discuss your arrangements or related issues, please contact Kate Watkins on 0121 212 7494 or kate.watkins@anthonycollins.com.
Would you know how to manage an escalating social media storm? Are you confident in your plans and policies for responding to, and managing, a prominent ‘scandal’ in your charity?
The Civil Partnership (Opposite-Sex Couples) Regulations 2019 were made on 5 November 2019 and came into force on 2 December 2019.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
Now 2020 is here and we have welcomed in the new decade, it’s time to welcome in changes regards the contents of employee’s statement of particulars.
In December 2019, the Care Quality Commission brought its first prosecution against a local authority
The CIL was introduced under the Planning Act 2008 and the CIL Regulations 2010, which came into force in April 2010. CIL is a non-negotiable tax charged by local authorities on new developments.
The Court of Appeal’s recent decision is likely to be unwelcome news for any cash-strapped councils seeking to fund the costs of taxi enforcement through licence fees.
It is important that trustees are aware of the law relating to people who are transgender and those who identify as non-binary so that they can ensure compliance.
Earlier this year, the Charity Commission published its inquiry report into Oxfam GB, following allegations about events in Haiti in 2010 involving its staff members.
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