Case 6000947/2025 · Employment Tribunal
Ms Dawn Piper v Rentokil Initial Ltd — 2023
- Case reference
- 6000947/2025
- Decision date
- 20 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Yardley Representation
- Venue
- London South
Parties
2 namedClaimant
Ms Dawn Piper
Respondent
Key findings
Tribunal's reasoningThe claimant, a Senior Sales Manager who had worked for the respondent (Rentokil Initial Ltd) since 1993, resigned on 27 September 2024 in response to the introduction in August 2024 of the H2 REM commission scheme. The new scheme made personal commission contingent on passing four 'Sales Leadership Compliance Gateways', with failure of any single gateway capable of removing 100% of personal commission. The claimant raised concerns repeatedly between 14 August and 29 August about the operation of Gateways 1, 2 and 4.
The Tribunal found that there was a real prospect that the gateways could be failed for reasons not wholly within the claimant's control (staff absence, remote working, inaccuracies in the underlying ticketing data on which Gateway 4 depended). It also found that the practical effect of the gateway requirements was not equal across the affected sales managers because the claimant generated substantially higher personal commission than her peers; the financial exposure to gateway failure was therefore materially greater for her. The complaint of constructive unfair dismissal was well-founded and succeeded. The case has been listed for a remedy hearing on 8 June 2026.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Constructive unfair dismissal arising out of the August 2024 introduction of the H2 REM commission scheme with four 'Sales Leadership Compliance Gateways'. Tribunal found the gateway requirements created a real prospect of failure for reasons outside the claimant's control, and that the consequences fell disproportionately on the claimant given her role generated the majority of her earnings through personal commission. The case is listed for a separate remedy hearing on 8 June 2026 — no monetary award has yet been made. | Upheld | — | — |
Legal tests applied
2 references- fundamental breach of the implied term of mutual trust and confidence
- section 95 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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