Mr J Ejoh-Denny v Capital Staffing Services Limited — 2020

The claimant worked for the respondent from 19 March 2018 and was promoted on 1 October 2018 with a commission package that included 5% bonuses for new care packages. In December 2018, the claimant and Mr McKenzie negotiated an exceptional local authority contract, referred to in the reasons as the FCP, and the CEO later confirmed that a 40% share of the gross margin for that package had been agreed for homecare bonuses. Mr McKenzie then allocated 10% to the claimant, which led to a gross commission payment of about £4,795 in January 2019.

The dispute was whether that 10% payment was a one-off or whether it rolled over when the FCP contract continued. The claimant contended that February commission should have been paid at 15%, and he also alleged shortfalls of £51.02 in March and £2,627.92 in April. The tribunal accepted that commission was paid in arrears, so the April shortfall could be considered, but it rejected the claimant's case that there had been a further agreement in January or later to increase the FCP commission beyond the original arrangement.

The tribunal found that the 40% bonus payment on the gross margin was agreed by the CEO in December 2018 only, and that there was no further agreement in respect of the rolled-over contract. It found no evidence that Mr McKenzie had made a fresh request to the CEO for another bonus pot, and said the 5% commission provided for in the contract was paid. On that basis, the claim for unauthorised deduction from wages failed and was dismissed. The breach of contract claim was also dismissed because it was not advanced by the claimant.