Slater & Gordon Lawyers is a national law firm leading the way on holiday pay issues. For expert legal advice or representation call our Employment Law Solicitors on freephone 0800 916 9060 or contact us online and we will call you.
The European Court of Justice in the case of Lock v British Gas Trading Ltd decided employers must take commission payments into account when calculating statutory holiday pay.
What Does This Mean?
This means that when on holiday workers should be paid something to represent the commission they would normally earn, in addition to basic pay. A failure to do so is a breach of the Working Time Regulations 1998.
Does This Apply To Me?
If you are an employees or a self-employed ‘worker’ you have holiday rights under the Working-Time Regulations 1998 to paid leave.
How Much Can I Claim?
Underpaid workers employed with the same employer since 1998 can make claims going back as far as 1998 when the Working Time Regulations came into force. Workers employed for shorter periods could recover high sums of money, particularly where commission makes up a large part of their remuneration. A single holiday pay claim could be worth six figures.
What Should I Do?
Act Now! Employers can ‘break the chain’ and stop workers from making a claim going back years by paying the correct holiday pay now. Some employers are even changing commission arrangements to avoid liability.
Holiday pay claims must be lodged within three months of the last deduction, meaning claims must be lodged within three months of a worker’s last holiday.
Call our Employment Law Solicitors on freephone 0800 916 9060 or contact us online.
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