Workers who are relying on commission will now be able to claim more holiday pay. This is all thanks to the recent landmark ruling.
The ruling was done after The Employment Appeal Tribunal took side with a salesman who only gets his basic pay while one vacation even if he can get most of his money through commission.
For the implementation of the ruling, other Brits who have similar job scheme are now capable of asking more holiday pay than just the basic pay. This will sum up to the basic pay plus their commission.
According to Dave Prentis, general secretary of UNISON, some employees that greatly rely on commission and even overtime have lost a certain amount of money. He also added that it's only fair to for these workers to have both their normal pay added with their regular commission, anytime they use their annual leave, cited from Mirror.
The ruling became possible after Joe Lock battled for four long years. Lock, a British Gas salesman, was receiving his basic salary with a commission based from certain number of sold contracts. But after his holiday, the only thing he received was his basic salary.
With the aid of UNISON, Lock questioned this policy at an employment tribunal in 2012. Later on, his case was transferred to the EU's Court of Justice. The court ruled in his favor but the British Gas made an appeal. On February 22, the appeal of said company was rejected by the tribunal. This gives way to 700 more similar cases to be claimed successfully. A similar ruling was also done in 2014 that confirmed worker's right to have their overtime pay on top of their regular pay for their holiday pay, according to Telegraph.
Now, the question being asked by these workers is, can they get more pay. Basically, the answer is yes. As the UNISON spokeswoman said, workers can ask their employers about it. The ruling is effect from now on. Employers may deny your request but you can always challenge them to a tribunal. In this case, workers are in the right side. She added that asking the holiday pay can be backdated for two years.
From Aye Limbin Glassey's statement, this ruling is truly essential for companies who operates in commission basis. Those employers who used to ignore this case existence are now bound to acknowledge it and find ways on how to implement it. Others have already foreseen the result and made negotiations to their employees regarding future holiday pay settlements.
