The Fixer: holiday pay owed

My employer is refusing to include commission in my holiday pay.

Updated: 
Have you been left out of pocket due to poor service or sharp practice? Do you have a money problem that won't go away?

It can seem impossible to get a fair result when you are battling a financial issue alone. But never fear! The AOL Money Fixer is here to help.

Dear Fixer,
I earn a small basic salary, but most of my income is made up of the commission I make on sales.

However, when I take holiday from work, the pay I receive is based solely on my basic salary.

I have read that this is not right - my employer should be taking the commission I could earn while I am not working into account when calculating my holiday pay.

But when I approached the accounts department about this I was simply told that everyone received their basic salary as holiday pay. Is it worth me following this up with my employer?

D Stone, Reading

Dear Mr Stone,

The European Court of Justice ruled last year that a man in a similar position to you - a British Gas sales consultant called Mr Lock - should receive "hypothetical" commission, as well as his basic salary, while on leave.

And that means it is definitely worth pushing for a better deal from your employer.

The European Court of Justice decision suggests that commission payments to workers on leave should be based on the average weekly commission earned over a 12-month period.

So the best thing to do is to work out how much commission you earn on a weekly basis and approach your employer again armed with this figure and details of the 2014 ruling.

My advice would be to approach the accounts department again informally at first, and to argue your case formally in a letter or email if that does not work.

You may even be able to claim backdated pay over the last six years, although you may feel that having your holiday pay increased from this point on is sufficient.

Either way, if your employer continues to refuse your request, you can contact the The Advisory, Conciliation and Arbitration Service (ACAS), which will be able to advise you on further steps.

The Fixer

Whatever your financial problem, write to themoneyfixer@aim.com and The AOL Money Fixer will get on the case.

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