Mr Stewart Taylor Mr Roy Addicottt Mr John Beckerton Mr David Murphy v British Gas Services Limited — 2021

The claimants were Heating Sales Advisors employed on 12-hour part-time contracts. In 2015, following changes connected with Financial Conduct Authority limits on commission, the respondent treated the claimants as though they were on 13.5-hour part-time contracts. This increased their basic pay and other benefits, but also increased their commission thresholds. The tribunal found that the 12-hour contracts had been overlooked and that the claimants were not contractually varied onto 13.5-hour contracts.

On the part-time worker complaint, the tribunal considered the overall remuneration package rather than only the commission threshold. It found there was no overall detriment because the increased basic pay and related benefits outweighed any potential commission disadvantage. It also found the alleged treatment was not because of part-time status, but arose from the respondent's error about the claimants' contractual hours.

On unlawful deductions, the tribunal found the claimants did not have a legal entitlement to commission at a particular rate, because the contract and the 2015 pay and conditions document made commission discretionary. It also found that Mr Taylor and Mr Beckerton were not entitled to continue receiving the higher base salary calculated on 13.5 hours, because their contractual entitlement was to pay pro-rated to 12 hours. Mr Murphy's breach of contract claim failed for the same reason: he had no contractual right to commission at a specific rate, and in any event the respondent would have been able to rely on set-off for the enhanced basic pay and other payments he had received.