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.