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.
The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.