Holiday pay; employers are sometimes woe to pay it and employees are almost always militant in asserting their statutory right to receive it. In many sales roles in the UK however there has long been the sense from the employee side of the argument that commission, which can often form the majority of a salesperson’s remuneration package, should be factored into the holiday pay calculations undertaken by payroll.

Recently the question was referred from Leicester Employment Tribunal (“LET”) to the Advocate General (“AG”) of the European Court of Justice (“CJEU”) for a preliminary ruling on whether the granting of commission in a claim for holiday pay would be compatible with EU Law.