The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation.
The CA decided that results-based commission has to be taken into account when working out statutory holiday pay. But, this applies to the four core weeks only (and not the extra 1.6 weeks) of statutory holiday. Disappointingly, however, the CA refused to consider the situation when there are other types of remuneration (eg annual bonuses), and whether they should be taken into account when calculating statutory holiday pay. What is clear from previous case law is that compulsory and non-guaranteed overtime must be taken into account; in practice, most ETs also take voluntary overtime into account (but there is no EAT authority on the point).
The CA also failed to give guidance on the length of the period to be used when working out how much commission is taken into account. Presumably, that will simply have to vary with the type of remuneration in question.