Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Holiday pay: British Gas appeal to Court of Appeal fails

10 October 2016 #Employment

Back in February we reported that the EAT had dismissed an appeal from British Gas against the finding that the Working Time Regulations can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay.

British Gas subsequently appealed this decision to the Court of Appeal which has today handed down its Judgment and dismissed the appeal.

We will blog more on the implications of this Judgment shortly.  However, the main point to take away from this is that commission should be included in calculations for holiday pay.  Unfortunately the Court of Appeal provided no guidance on how this should actually be calculated, leaving this particular point of uncertainty unchanged.

For further information or support with holiday pay claims, please feel free to contact our employment law team on 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Louise Keenan

Louise Keenan

T: 0118 960 4614
M: 0779 900 7325


Employment team
+44 (0)118 958 5321