What do we already know?
We know that calculating holiday pay has been made much more complex over the past year or so. The CJEU (formerly the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have meant that payments such as commission and bonuses, should now be included in holiday pay. For further detail please see our updates here.
In light of the above decisions ACAS has published guidance on calculating holiday pay, available here. This is a helpful summary. However, given the complexity of the above decisions, as suggested by ACAS itself “employers may wish to seek legal advice based on their individual circumstances”. We are happy to help and please do not hesitate to contact Luke Menzies at or 0845 113 0150 or any other member of the team.