Anthony Devine v Flint Office Space Ltd — 2026

The claimant was employed as a Senior Contracts Manager from 10 July 2023 to 3 May 2024. His contract provided for a salary of £82,000 per year plus commission of 10% of any betterment of baseline project gross profit, payable when each project was completed and agreed both financially and to the client’s satisfaction. The tribunal found that the commission clause did not make payment dependent on the claimant’s individual contribution to the betterment, provided he had worked on the project.

The tribunal preferred the respondent’s project documentation to the claimant’s figures, subject to a few specific adjustments, and found commission was due on Wendy Wu, Ithaca, Metanoia and Sequel. It held that the respondent had no contractual basis for paying only 50% of the commission on Wendy Wu and Ithaca, and that this caused a deduction of wages on 31 December 2023. It also found further underpayments on Metanoia and Sequel, and treated the underpayments as a series of unlawful deductions rather than a breach of contract claim arising on termination. The tribunal found no commission due on the remaining projects because there was no betterment on the facts found, or insufficient reliable evidence to establish one.

The total commission still due was found to be £8,150.96, subject to deductions for tax and National Insurance. The tribunal also noted that the respondent had overpaid £5,000 to the claimant’s bank account in error and that this should be recouped from any net balance payable. On the holiday issue, the tribunal found the claimant took annual leave on 16 and 19 February 2024, did some work on 19 February, but remained on leave and had no outstanding holiday pay.