- IN PERSON FOR THE v - Ms S-J Wood — 2022

The tribunal heard joined claims by Mr C Johnson, Mr C Pender and Ms S Radovanovic against QERB Energy Ltd, a green energy provider. The main issue was unpaid commission on ECO3 and Green Homes Grant sales. The tribunal found there was no express contractual commission term, and considered whether commission had become contractual by custom and practice.

It accepted evidence that the respondent suffered a downturn in work, had significant sums owed to it, suffered clawbacks, and ceased trading at the end of October 2021. Although the claimants had previously received commission payments, the tribunal held that this did not make commission a contractual entitlement in the circumstances in the summer of 2021. Applying the test for implication by custom and practice, it held the term was not shown to be reasonable, notorious and certain. All unpaid commission claims were dismissed.

For Mr Johnson and Mr Pender, the tribunal found that neither had received notice of termination before 31 October 2021. Their notice pay claims were therefore upheld in the sums of £1,848.00 and £1,750.00 respectively. Mr Johnson's redundancy pay and holiday pay claims were conceded by the respondent and were entered by consent at £1,386.00 and £1,524.60.