CIPD: According to an opinion of an advocate general of the Court of Justice of the European Union (CJEU) on the case Lock v British Gas Trading, holiday pay should include an amount that reflects average commission previously earned by workers over a prior period of months. This decision will be of major importance to employers.
Under the Working Time Regulations 1998, workers have a right to paid annual leave. The intention is to put the worker in a comparable financial position to being at work. However, until now, holiday pay in the UK was not required to include any element of commission that would have been earned by workers had they not taken holiday.
You can read more about the case by clicking on the link below: