Holiday pay when working on commission

[anonymous-user]

Judgment on link below - Bear Scotland. I have not yet read it.

http://www.employmentappeals.gov.uk/Public/RecentJ...

[Munter]

Breadvan72 said:

http://www.bbc.co.uk/news/business-29896810


Employees win.

Seems very unintuitive to me. But there you go. Will it also have to take into account bonuses?

[anonymous-user]

Been the law elsewhere for years, when I owned my company in Norway (30 years ago) I had to provide holiday pay at 10.3 % of salary paid, so If I paid 1 pound I had to put 10.3 pence into the employees holiday fund and pay it in May the next year or when empolyment finished if earlier
This also applied to agencies, the employing agency had to provide and pay, of course all you did was if you wanted to pay I pound you actually paid 90.6p plus 10.3 %.
The Norwegians also adjusted PAYE codes so they deducted tax over 10.5 months, so no paye was paid if the holiday pay was paid in May and 1/2 tax for Christmas month.

[anonymous-user]

The decision deals with back dating of claims in a sensible way and may limit extensive back claiming where, as will often be the case, there has been a gap between periods of leave. BUT BUT BUT there is still the option of a breach of contract claim for short payments within the last six years.

Edited by anonymous-user on Wednesday 5th November 09:00

[BGARK]

http://realbusiness.co.uk/article/28355-charlie-mu...

Holiday pay ruling shows bureaucrats know nothing about business

[mph1977]

BGARK said:

http://realbusiness.co.uk/article/28355-charlie-mu...

Holiday pay ruling shows bureaucrats know nothing about business

Overtime is not necessarily something 'extra';

1. In some businesses it is expressed as compulsory as part of the TaCoS - but allows the company to not pay more than the 'contracted hours' in quiet periods,

2.in other businesses it is an expectation but no official sanction applied if you don't take all you are offered
3. In others overtime is freely available because it's deemed easier to get people to do OT rather than recruit, vet and train extra staff ..

[Driver101]

The company I work for has said nothing on this matter.

Is the ruling now active, or is there appeals and later rulings to come?

[anonymous-user]

The decision states the law as it now is, and for the time being employers should comply with the decision, but it may later be reversed by a higher appellate court.