Case 6013001/2024 · Employment Tribunal
Mr Andrew Trotter v Peninsula Business Services Limited — 2026
- Case reference
- 6013001/2024
- Decision date
- 13 February 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley Representation
- Venue
- Bristol
Parties
2 namedClaimant
Mr Andrew Trotter
Respondent
Key findings
Tribunal's reasoningThe claimant brought a claim for unpaid annual leave against Peninsula Business Services Limited, contending that commission payments should have been included when calculating his holiday pay. The case was heard at Bristol on 13 February 2026 before Employment Judge Midgley sitting alone, with the parties having agreed the figure for unpaid annual leave if the claim succeeded.
The Tribunal held that the commission payable to the claimant was intrinsically linked to the performance of his contractual duties and so was to be treated as part of his 'pay' within the meaning of the Working Time Regulations and section 221(3) of the Employment Rights Act 1996. The claim for unpaid annual leave for the leave years 2022 to 2024 succeeded and the respondent was ordered to pay the agreed gross sum of £5,602.68.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Unpaid annual leave for the leave years 2022 to 2024. Tribunal held that commission payable to the claimant was intrinsically linked to performance of his contractual duties and so formed part of his 'pay' under the Working Time Regulations and s.221(3) Employment Rights Act 1996. Quantum agreed. | Upheld | — | £5,603 |
| Holiday pay | Unpaid annual leave for the leave years 2022 to 2024. Tribunal held that commission payable to the claimant was intrinsically linked to performance of his contractual duties and so formed part of his 'pay' under the Working Time Regulations and s.221(3) Employment Rights Act 1996. Quantum agreed. | Upheld | — | £5,603 |
Remedy
Monetary award- Total award
- £5,603
- across all upheld claims
Legal tests applied
2 references- section 221(3) Employment Rights Act 1996
- Working Time Regulations 1998
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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