Mr J Church v RDKI Ltd — 2018

Mr Church claimed unpaid commission on termination of his employment. The tribunal heard evidence from Mr Church and Mr Morrel, without a bundle or witness statements. It found that there had been an oral agreement for commission, that the December 2018 terms referred to a commission scheme, and that the parties had by correspondence agreed the claimant's commission entitlement at £9,033.05, reduced from the approximately £13,000 initially claimed after allowance for profitability issues on the jobs concerned.

The remaining issue was whether the respondent could set off alleged losses, remedial costs, or replacement costs arising from four jobs against the commission due. The tribunal found there was no written contractual basis authorising reimbursement or deduction, and no written consent from Mr Church to any deduction. It also held that, even if the matter were treated as contractual, there was no basis to offset or reclaim expenses or lost profits against the commission found to be due.

The tribunal therefore held that the non-payment of the agreed commission was an unlawful deduction from wages under s.13(1) of the Employment Rights Act 1996. It ordered the respondent to pay the gross sum of £9,033.05.