Mr A Trotter v Peninsula Business Services Ltd: 6013001/2024
JUDGMENT
UPON reading the papers AND UPON hearing argument from the claimant in person and Mr Mahmood for the respondent FURTHER UPON: the parties agreeing the figure for unpaid annual leave if the claims succeeded. The Judgment of the Tribunal is:[1]The commission payable to the claimant was intrinsically linked to the performance of his contractual duties and so is to be treated as part of the claimant’s ‘pay’ within the meaning of the Working Time Regulations and section 221(3) of the Employment Rights Act 1996.[2]The claim for unpaid annual leave in relation to the leave years 2022 to 2024 is therefore well founded and succeeds.[3]The respondent is ordered to pay the claimant the agreed sum of £5602.68 gross. Approved by