Two recent decisions under the EU Working Time Directive (WTD) are of interest. The first is a UK Employment Appeal Tribunal (EAT) decision on holiday pay and the second is an influential opinion of the Advocate General (AG) of the European Court of Justice, which the Court usually follows, on
Read MoreHoliday Payment and Commission The Employment Appeals Tribunal has confirmed, as expected, that commission payments should be included in the calculation of holiday pay. Holiday pay should be based on ‘normal remuneration’ which should include variable elements like commission and non-guaranteed overtime. Holiday pay based solely on basic salary is
Read MoreThe European Court has recently confirmed that sales commission should be included when calculating statutory holiday pay. The question arose in a UK employment tribunal case: was the employee (who had a sales commission element in his remuneration) entitled to have a sum in respect of his commission included in
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