Mr G Jones v Capita Resourcing Limited — 2022

The claimant was employed as a Sales Director and, after negotiations in March 2020, the tribunal found that he and his line manager agreed that he would receive basic salary plus guaranteed monthly payments of £4,500 until an alternative remuneration package was agreed. The tribunal accepted the claimant's account on the balance of probabilities, noting supporting contemporaneous emails describing the payment as a "guarantee" and "guaranteed commission", the continued payment history, and the absence of any performance targets during the relevant period.

The tribunal rejected the respondent's case that the £4,500 payments remained part of a commission scheme that could be withdrawn at the end of March 2021. It held that the scheme had ended and that the March 2020 arrangement varied the employment contract. The respondent's decision to stop the payments for February, March and April 2021 was therefore an unauthorised deduction from wages and also a breach of contract, although no separate damages were awarded for breach to avoid double recovery. The claimant was awarded £12,150, and there was no uplift for ACAS non-compliance and no order for interest.

The respondent's salary counterclaim for alleged failure to perform duties was withdrawn before the hearing and dismissed upon withdrawal. Its counterclaim for train tickets bought for the claimant's personal use on the respondent's travel account was resolved by consent, and the claimant was ordered to pay £861.20.