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The employment tribunal in Leicester has handed its decision in Lock v British Gas.

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.


This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

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