Mr P Hemmings v Mishcon de Reya LLP — 2025

Employment Judge Walker, sitting alone at London Central by CVP on 11 and 12 December 2024, found that the Claimant Mr P Hemmings had been constructively unfairly dismissed by the Respondent, Mishcon De Reya LLP. The tribunal held that the Respondent had committed a repudiatory breach of contract in relation to the payment and transparency of commission due under the Claimant's offer letter dated 20 March 2020, and in relation to the manner in which a performance improvement process was initiated, and that the Claimant resigned in response to that breach without having waived or affirmed it.

On the unlawful deduction of wages claim under section 13 of the Employment Rights Act 1996, the tribunal found that the deduction of the London Business School 'Mastering Digital Marketing Course' fee of £1,998 from the Claimant's final payslip was unlawful. The judge held that the Learning Agreement clawback clause could not be relied upon where the Claimant's resignation was in law a dismissal, that the Respondent could not benefit from its own breach, and that in any event the Respondent had waived the right to recover the fee when its representatives instructed the Claimant to stop the course without warning him of any liability.

In relation to commission said to be owed, the tribunal accepted that the final calculation prepared by Mr Tilley had resulted in payment of the full 3 per cent due, and that the outstanding balance of £2,070.43 had been paid. Remedy on the constructive unfair dismissal claim was reserved to a future hearing, at which the Respondent indicated it would argue for a reduction for contributory fault.