Q & A: Lock, Bear Scotland and other holiday pay cases

Frequently asked questions on the effect of recent case law on the calculation of holiday pay under the Working Time Directive, and on the prospect of historical claims by workers for the inclusion of commission, overtime payments and other allowances in their holiday pay.

Acknowledgments. We would like to acknowledge help from the following in producing this Q&A: Caspar Glyn QC of Cloisters and Sean Jones QC of 11KBW (for ideas and inspiration); Monica Kurnatowska and Stephen Ratcliffe of Baker & McKenzie LLP (for their useful article in PLC Magazine, July 2014); and the twitter feeds of Lewis Silkin and DWF (for tweeting live from the EAT hearings in the Bear Scotland and Lock appeals). We are also grateful to Chesca Lord of Cloisters, Daniel Ellis of Baker & McKenzie LLP and Nicholas Robertson of Mayer Brown who contributed to discussions following the EAT's judgment in Bear Scotland.

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