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.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration.
Under NHSX, the Department of Health and Social Care, NHS England and NHS Improvement have published the Secretary of State's vision for how data will be used to improve health and care.
Ofsted recently published the findings from its rapid review of sexual abuse in schools and colleges. The review highlighted keys areas of concern and presents clear actions, which are discussed here.
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