An employment tribunal has held that, to give effect to the Working Time Directive (2003/88/EC), the week’s pay provisions of the Employment Rights Act 1996 should be rewritten for the purposes of the Working Time Regulations (SI 1998/1833) so that commission and similar payments are included in holiday pay.

For full coverage of this case, see Practical Law Employment, Legal update, Holiday pay and commission: it is necessary to imply words into WTR to comply with EU law.