L was a salesman on a basic salary with variable commission paid in arrears. L’s commission depended on the sales achieved. Mr Lock could not earn commission whilst on holiday and therefore would lose income by taking it.
He brought a claim for his 'lost' holiday pay after taking leave in December 2011 to January 2012. The employment tribunal has held that Mr Lock's holiday pay should include an element for his commission.
This will impact on future holiday pay entitlement but the two year cap on backdated claims that comes into force in July, should mitigate against this.
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