In person For the v Mr D Morrison director — 2023

The claimant had applied for a commission-based business development role with Member Benefits Limited and worked under an agreement signed on 24 May 2021. The tribunal amended the respondent name to Member Benefits Limited. It found that the arrangement fell within the statutory definition of a worker in section 230 ERA 1996, but that the claimant was not an employee.

That finding disposed of the unfair dismissal claim. The tribunal held that, because the claimant was not an employee and did not have the requisite length of service, the unfair dismissal claim failed. The claim for travel expenses also failed because the tribunal held that section 27(2)(b) ERA 1996 excluded expense reimbursement from wages, so that claim could not be entertained as an unlawful deduction from wages.

On the commission claim, the tribunal accepted that some sums remained unpaid. It found £292.25 due on Invoice 1002, £235 due on Invoice 1003, £118.50 due on the Kingston invoice, and £568.75 as 25% of the undisputed items on Invoice 1004. It declined the additional 5% claimed on Invoice 1004 because it was unlikely those clients were included in the magazine, and it did not deduct the £500 paid on 2 June 2021 because the respondent had not shown a basis for doing so.

The resulting award was £1,214.50 for unpaid commission. The tribunal also referred to the absence of any financial reconciliation being provided to the claimant, and noted that the respondent's proposed treatment of some transactions was disputed, including whether certain client orders had been cancelled or not paid.