By way of an update, the case of British Gas v Lock [2016] has been heard by the Court of Appeal .  You may recall my blog previously on the case following the European Ruling but can read this here.

The Court of Appeal has upheld the EAT’s decision that EU law requires the Working Time Regulations 1998 to be interpreted to include an element of results-based commission in the four week’s holiday pay as required by the EU.  The additional 1.6 week’s is not an EU requirement so is separate. 

However, the Court did not deal with the question of the appropriate reference period to calculate the commission element of statutory holiday pay. British Gas are said to intend to appeal to the Supreme Court so hopefully further guidance will be given at this stage.