Case 1600366/2022 · Employment Tribunal
Mr P Hosch v Logicdialog Ltd — 2023
- Case reference
- 1600366/2022
- Decision date
- 12 May 2023
- Jurisdiction
- England & Wales
- Venue
- At Cardiff
Parties
2 namedClaimant
Mr P Hosch
Respondent
Key findings
Tribunal's reasoningMr P Hosch was employed by Logicdialog Ltd as Chief Commercial Officer. The dispute centred on commission terms varied in August 2021 and set out in the 10 September 2021 email and attached Commission Plans, together with a separate claim for unpaid holiday pay on termination.
The tribunal found that the September 2021 email stated that commission was to be calculated across all months on a month-on-month cumulative basis, with the monthly MRR increase goal linked to the baseline MRR Month Start figure. It rejected the claimant's case that commission was payable by reference to a single month's sales in isolation and held that the baseline figure was an integral part of the plan. It also found that revenue from sales made by Mr Shepherd, the CEO, did not fall within the sales-team revenue used for FY22 commission calculations. On that basis, the commission/breach claim failed.
On holiday pay, the tribunal accepted that one day of the claimant's booked leave was interrupted by work for the respondent and awarded £483.08 gross for that day. It rejected a further claimed sum of £489.62 because it was not properly particularised and no supporting documentary evidence was provided. The respondent's name was substituted to Logicdialog Ltd.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Commission dispute. The tribunal held that the September 2021 email and attached Commission Plans required month-on-month cumulative performance and that Mr Shepherd's sales were not part of the sales-team revenue for FY22; the commission claim, including the alternative unlawful deduction basis, was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | Holiday pay. The tribunal accepted that one booked day of leave was interrupted by work for the respondent and awarded £483.08 gross for that day. A further £489.62 was rejected as insufficiently particularised and unsupported. | Upheld | — | £483 |
Remedy
Monetary award- Total award
- £483
- across all upheld claims
Legal tests applied
3 references- balance of probabilities
- officious bystander test
- business efficacy test
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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