Our employment law duo Lindsey Kidd and Justine Watkinson recently held an employment law training day with Cheshire West and Chester Council.
The Employment Law Update session, held at the Abode, highlighted a number of current key employment issues facing employers.
The employment law training also covered recent important cases including the ruling that commission earned by sales people should be included within their holiday pay.
The Court of Justice of the European Union confirmed an earlier employment tribunal ruling that a British Gas salesman Mr Lock’s holiday pay should reflect his ‘usual earnings’, which included commission.
Unless a commission scheme is already in place that compensates for holidays, employers now need to include commission within an employee’s holiday pay.
Justine Watkinson, Head of Employment Law and HR at law firm Hillyer McKeown, said: “It was not entirely surprising that the judgment went this way given the trend of recent European case law where there is a real desire that employees are properly remunerated while on holiday, regardless of the impact it may have on the cost to a business.
“While there is no current case law in respect to voluntary overtime, I anticipate there will be a similar ruling in the near future given current trends.”