J Allnat v Heath Books Ltd — 2022

The claimant had been employed since 9 February 2016. In November 2019 the parties agreed a new remuneration package under which the claimant was to receive a basic salary of £30,000 for a four-day week and commission of 1.25% on net web sales from named websites, with a review on 1 June 2020. The tribunal found that this agreement was incorporated into the contract, was not a time-limited trial period, and did not link commission to library book sales.

On 21 August 2020 the respondent told the claimant that commission would be reduced to 1% and capped at £1,000. The tribunal held that the contractual wording that commission would be "reviewed" did not clearly authorise a unilateral reduction or cap, and there was no other contractual term giving that power. It also found that the claimant did not agree to the change, because he objected immediately and then pursued a grievance and appeal. Applying Bear Scotland, the tribunal treated the deductions as a continuing series and said timeliness was not a bar.

The tribunal upheld the unlawful deductions claim, but it did not finally quantify that claim in this judgment. It recorded that July 2020 commission had later been paid and set out agreed shortfall figures for August to December 2020 and July 2021 to February 2022, while noting that some later months still required agreement or a remedy hearing. It also found that the grievance and appeal had been resolved unreasonably slowly and said any award would be increased by 10% for the ACAS breach.

Separately, the tribunal found that the respondent had failed to provide written particulars of employment for a significant period and awarded £2,176 under section 38 Employment Act 2002, being four weeks' pay at the statutory weekly cap. The application for costs was refused.