Did not attend For the v Respondent — 2020

The claimant did not attend the final hearing, and the tribunal proceeded in his absence under rule 47 of the Employment Tribunals Rules of Procedure 2013. The claim was for breach of contract and unlawful deduction from wages arising from an offer letter dated 8 December 2017, including alleged salary increases and commission said to be due during the claimant's employment as a sales executive from 4 December 2017 to 7 November 2018.

On the evidence before it, the tribunal found no written corroboration of the alleged agreement to increase salary from £25,000 to £35,000 in February 2018 and then to £55,000 in August 2018. By contrast, the offer letter recorded a salary of £25,000 per annum, and a March 2018 request for a salary increase to £35,000 was marked "NO" and "refused by R Cullen". The tribunal also noted that the claimant had been on probation, that the respondent's evidence showed performance and conduct issues, and that it was not credible that the respondent would have agreed to more than double the starting salary in those circumstances.

The tribunal further rejected the commission claim. It held that the offer letter provided for commission only on "the first year's net value of any maintenance contract brought in". The claimant had worked for less than one year before resigning with immediate effect on 7 November 2018, and there was no evidence that he had brought in maintenance contracts. On the tribunal's findings, the commission clause was not activated and no commission was payable.

The tribunal therefore concluded that the respondent had not been shown to be in breach of contract and had not made unlawful deductions from wages. It dismissed the claimant's claims in their entirety.