Calculation of Holiday Pay

Friday 26th September 2014

Uncertainty in relation to the correct calculation of holiday pay (whether commission, overtime payments etc. should be included) has arisen this year as a result of two cases in the ECJ, Lock and Williams. The financial implications could be very significant for employers with commission-based employees.

The uncertainty will remain until further appeals are decided later this year. I have prepared a note on this issue containing some advice for employers for the time being pending greater certainty. I offer two options for different attitudes to risk. For a copy please email me at