Lock case on commission and holiday pay due in Tribunal in October

Earlier this year, we blogged on the Lock v British Gas Trading Limited decision from the Court of Justice of the European Union (CJEU), which has now been remitted to the Leicester Employment Tribunal for hearing on 20 and 21 October.

The initial hearing in October will focus on whether the Working Time Regulations 1998 (WTR) can be read in a purposive manner that render them consistent with the Working Time Directive (WTD) or whether it is possible to insert words into domestic legislation to make the WTR conform. If Mr Lock is successful at this first stage hearing there will be a further hearing in March 2015 to make judgment on the practical aspects such as whether the CJEU decision applies to the minimum 4 weeks leave under European law or 5.6 weeks leave allowed for under the WTR.

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