Ms Sarah Forsyth (West London Law Centre) v Ms Laura Yeap (William Kateny Legal) — 2024

The claimant, Jialing Shi, worked for Aregroup Ltd from 1 March 2021 until 14 March 2023. The tribunal found that the handwritten note dated 30 December 2020 was the contractual commission plan, rather than the typed 2019 document, and that in April 2022 Ms Li varied that plan to a flat 10% commission rate and removed bonuses. It also found that commission was payable for deals the claimant facilitated and was linked to her employment.

On the events of 14 March 2023, the tribunal found that the claimant was dismissed, not that she resigned. It relied on the transcript, the surrounding correspondence, and the claimant's consistent account. Ms Li later emailed that the employment contract had been terminated with immediate effect. The tribunal found the respondent had treated the claimant as guilty of misconduct, but the claimant had no prior warning of the allegations, was confronted abruptly, and was not allowed an appeal.

Applying the Burchell test, the tribunal held that Ms Li genuinely believed the claimant had engaged in misconduct, but that the investigation and dismissal procedure were not reasonable in the circumstances. The unfair dismissal claim therefore succeeded. The tribunal also found that there was no gross misconduct, so the claimant was entitled to 2 weeks' notice and succeeded on the wrongful dismissal claim.

On wages, the tribunal rejected the argument that the commission was discretionary or outside the meaning of wages in s.27 ERA 1996. It found unpaid commission, including an introducer's fee, was due in the amount claimed and applied a 25% uplift because the dismissal process and non-payment were unreasonable. It also found an additional £43.32 of holiday pay due. The total gross amount payable was £45,716.98, consisting of a £984.62 basic award, a £31,884.73 compensatory award, £984.62 for notice pay, £11,819.69 for unpaid wages, and £43.32 for holiday pay.