Case 1400706/2021 · Employment Tribunal

In person For the v Mr A Sutherland (Solicitor) — 2022

Case reference: 1400706/2021
Decision date: 14 January 2022
Jurisdiction: England & Wales
Judge: Employment Judge Pirani

Indexed: 22 May 2026

Parties

2 named

Claimant

In person For the

Respondent

Mr A Sutherland (Solicitor)

Key findings

Tribunal's reasoning

Mr McLaughlin brought claims for unauthorised deduction from wages in respect of commission and for unpaid holiday pay. He said he had been wrongly required to repay part of the first six months' underwritten minimum through commission, while the respondent said he had been paid the contractual minimum of £30,000 per year plus earned commission and had in fact been overpaid. After hearing the evidence, including oral evidence from Colin Cufley and Susan McKie, the tribunal held that the claimant had not proved an unauthorised deduction from wages in respect of commission.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The claimant alleged an unauthorised deduction from commission pay and said £4,852.11 had been wrongly retained. The tribunal found he had not proved an unlawful deduction from wages in respect of commission, noting the evidence of a verbal agreement about the first six months' underwritten minimum and that the respondent had not exercised the contractual recoupment clause during the employment.	Dismissed	—	—
Holiday pay	The tribunal upheld the holiday pay claim in part, limiting it to in-time periods. It accepted the respondent's calculation of a daily shortfall of £84.45 and awarded £675.60 for 8 days, comprising holiday taken on 21 and 22 September 2020 and 6 days of accrued but untaken holiday.	Upheld	—	£676

Remedy

Monetary award

Total award: £676; across all upheld claims

Legal tests applied

7 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.