03 March 2017

UNISON this week won a landmark case to entitle workers on commission to holiday pay.

The Supreme Court sided with the union in the case of British Gas vs Joe Lock, refusing the company's right to appeal against a previous decision by the Court of Appeal that a worker's normal commission must be taken into account when paying annual leave.

Thousands of people will now be entitled to higher holiday pay as a result of the decision.

General Secretary of Unison Dave Prentis said: "It's taken nearly five years to get here, but now all employees who earn commission will see that reflected in their holiday pay.

“Until now, many whose wages included commission lost a lot of money whenever they took a holiday. Many simply couldn’t afford to go away. Today’s decision puts right that wrong."

However, the union warned that the decision could be overturned when the UK leaves the EU, as it is based upon the Working Time Directive – an EU employment law.

"The government must prove it’s on the side of ordinary workers by showing how it’s going to protect all rights such as these," Dave Prentis added.

The Institute of Employment Rights is calling for workers' rights to be built upon as the UK leaves the EU. As well as protecting statutory rights such as the Working Time Directive, we argue that stronger labour standards should be applied to prevent exploitation and lift wages and conditions across the country.

In our Manifesto for Labour Law – 25 recommendations for reform, the principles of which have been adopted by the Labour Party – we propose a set of legislative changes that would strengthen the voice of workers across the economy in order that they can negotiate for fair pay and conditions at work.

Read more about our Manifesto for Labour Law