Miss J Evans v Moonforge Ltd t/a Mister Window Company — 2023

Miss Evans was employed by Moonforge Ltd t/a Mister Window Company from 4 January 2021 until she was dismissed on 23 March 2022. The hearing was conducted on the basis of whether the sums claimed were wages and whether they were properly payable. The Claimant said the sums were commission payments; the Respondent said they were part of a discretionary bonus scheme.

The tribunal found there had been a contractual promise that the Claimant would receive a bonus of 0.5% of net sales, supplementing the written employment letter which referred to a weekly salary of £500 basic plus bonus payments when sales targets were achieved. However, when the Claimant sought £7,659.82 as accrued unpaid bonus, the tribunal did not accept her calculations. It found her table of figures unreliable, preferred the net sales figures in the bundle, and concluded that she had not proved on the balance of probabilities that the sums claimed reflected 0.5% of net sales.

A further element of the claim related to hours worked at weekends. That also failed. The Claimant accepted in oral evidence that the nature of her work was to do what was needed, her contractual basic pay was £500 per week, and there was no contractual offer of weekend work. The tribunal therefore dismissed the claim for arrears of pay in full.