Mrs Mariam Sorour v Ms Obi Odogwu — 2022

The tribunal held that Mrs Mariam Sorour was employed by Ms Obi Odogwu as an Administrator rather than working on a commission-only basis. It found that the parties discussed hourly pay by telephone on 27 April 2021, initially £8 and then agreed £9 an hour, together with working hours of 10.00am to 5.00pm Monday to Friday. The tribunal accepted that the claimant worked regular hours at the respondent’s home office, followed the respondent’s instructions, and carried out administrative tasks, including selling property online and checking tenants’ meters.

The respondent’s case that the claimant had agreed to work only on commission was rejected. The tribunal noted that there was no written contract and that the respondent could not explain what commission percentage had allegedly been agreed. It also relied on the respondent’s message of 10 May 2021, which referred to the claimant not giving notice and said she would not be paid until a replacement was found. The tribunal treated that message as consistent with employee status and with an acknowledgment that the claimant was entitled to be paid.

Applying section 13 of the Employment Rights Act 1996 and section 86(2) on notice, the tribunal concluded that there had been an unauthorised deduction from wages. It found that the claimant had worked 41 hours at £9 per hour, making £369 gross, and ordered the respondent to pay that sum. The claimant was directed to account for any income tax and national insurance deductions on the award.