Mr M Bateman v CMS Group Ltd — 2025

The claimant, an account manager employed by the respondent from 1 November 2023 until 31 October 2024, brought claims for unauthorised deduction from wages and breach of contract following the termination of his employment. The hearing before Employment Judge Phil Allen (sitting alone) took place by CVP on 14 October 2025, with the claimant representing himself and the respondent represented by counsel. The Tribunal heard evidence from the claimant and from three witnesses for the respondent: Miss Darcy Coop (managing director), Mr Andrew Coop (chief executive), and Mrs Josie Cross (executive assistant).

On the unauthorised deduction claim, the Tribunal found that the respondent had made unauthorised deductions from the claimant's wages on 31 October 2024, including a shortfall of £142.75 and £1,848.89 in commission to which the claimant was contractually due. A commission policy document relied upon by the respondent had not been disclosed in the bundle and had only been drafted after the claimant's employment had largely run its course; it did not state that commission would only be paid once an invoice had been raised. The Tribunal ordered payment of the gross sum of £1,991.64.

On the breach of contract claim, the Tribunal found that the respondent had failed to pay the correct payment in lieu of notice. The contractual PILON clause defined the salary to be paid as that "as at the date of termination", which the Tribunal interpreted as excluding any agreed post-termination pay increases. PILON was therefore due at £40,000 per annum, not £45,000 as the claimant contended. Applying the claimant's calculation method (which the respondent did not effectively counter with evidence or a counter-schedule), the Tribunal awarded damages of £1,057.69, being the shortfall between £6,666.67 due and £5,608.98 already paid.