The Court of Appeal has delivered its judgement in the British Gas and Lock case and has concluded that the EAT was correct in ruling that the Working Time Regulations (WTR) can be interpreted to comply with the EU Directive from which they are derived to include results-based commission payments.

Readers will be aware that this test case involved a salesperson who received a basic salary and results-based commission. He received commission whilst on holiday as part of payments earned before the holiday but, because he had no way of earning commission on holiday, he received lower pay upon his return. He argued he should have had this average regular commission included in his post-holiday pay - to do