The Advocate General has delivered his opinion in Case
Lock v. British Gas.
The case is about the level of pay in
respect of annual leave required under Article 7 of the Working Time Directive
and, in particular, commission payments. When he took annual leave, Mr Lock
received commission based on past sales he had made; but he was not paid any
sum for commission he would have earned if he were not on annual leave.
Rejecting the argument of British Gas that it was sufficient that he received
pay for commission
during annual leave, AG Bot said that commission was
part of Mr Lock’s normal remuneration and which was linked with tasks he was
required to perform. If he were not paid it in respect of his period of annual
leave, there was a risk of deterring him from taking annual leave. Accordingly
the Directive required that he was paid it
in respect of the period of
annual leave and not only during annual leave. If the Court of Justice follows
the AG’s Opinion, the case will potentially benefit the many thousands of
workers who are paid wholly or in part by commission.
Michael Ford QC and Simon
Cheetham, instructed by Shantha David of UNISON, represented Mr Lock.
The AG's Opinion is available on the Court of Justice's
website. CLICK HERE