Cambridge Kitchens withheld commission contractually payable to design consultant Bianca Shevlin. This was in response to her not completing all listed tasks for the jobs in question. Ms Shevlin then made an unpaid commission claim in front of an employment tribunal.
The Employment Tribunal stated that the list of tasks was a “loose typed document… prepared purely… for the… tribunal” and ordered Cambridge Kitchens to pay the unpaid commission to the worker.
Read on to discover more about the facts of the case and the tribunal’s ruling.
What Exactly Happened?
Unpaid Commission For Contractually Entitled Worker
Bianca Shevlin started her role as a Design Consultant with Cambridge Kitchens in June 2013. Cambridge Kitchens was a family-run business which sold bespoke kitchens and bathrooms. It was Ms Shevlin’s job to create the bespoke designs.
Ms Shevlin’s contract of employment comprised three pages and included a clause entitled “Sales bonus/commission structure”. This indicated that, if Ms Shevlin met the monthly sales target of £45,000 ex VAT, she would be entitled to a £1,000 monthly bonus plus “commission at 6% … on all materials sold excluding labour and sub-contractor items”.
The clause also stated that the figures were for 2013 and that they would be subject to review for subsequent years.
Grievance Raised Due to Unpaid Commission to Worker
In March 2021, Ms Shevlin attended her GP with a skin complaint. She was given a fit note on that occasion but did not provide this to her employer. Ms Shevlin continued to work until 19 April, when she provided a second fit note to her manager, Mr Weyer.
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Ms Shevlin was subsequently diagnosed with Lupus, an autoimmune condition which constituted a disability under the Equality Act. However, at that stage, Ms Shevlin’s reason for absence was work-related stress. Ms Shevlin did not return to work after 19 April but kept in touch with Mr Weyer.
In June 2021, she raised a grievance with Cambridge Kitchens relating to their failure to pay commission earlier that year. The grievance meeting took place on 30 June, but it was not upheld.
In July 2021, Ms Shevlin appealed the outcome of her unpaid commission grievance. The appeal hearing took place in September 2021. Ms Shevlin’s evidence related predominantly to the company’s failure to pay commission but also asserted that her excessive workload had caused her to become ill.
Her appeal was dismissed in October 2021.
Unpaid Commission to Worker Leads to Tribunal Claim
A letter of resignation to Cambridge Kitchens on 11 October 2021 was sent by Ms Shevlin elaborating on the unpaid commission. Other reasons cited included disability discrimination and the company’s failure to make reasonable adjustments. Ms Shevlin’s employment with Cambridge Kitchens terminated on 6 December 2021.
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Following the termination of her employment, the unpaid worker brought claims against Cambridge Kitchens in the Employment Tribunal. These comprised a claim for unpaid commission and constructive unfair dismissal, as well as multiple claims for disability discrimination.
What Did the Employment Tribunal Say?
Bianca Shevlin’s claim was heard in the Employment Tribunal at Bury St Edmunds by Employment Judge Palmer. Having considered the facts of the case, the tribunal upheld Ms Shevlin’s claims for unpaid commission and constructive unfair dismissal.
Explaining its decision, the tribunal highlighted the assertion of Cambridge Kitchens that it was entitled to not pay commission if a worker had failed to complete all tasks relating to a specific job. A list of such tasks was provided for the tribunal’s consideration. However, the tribunal stated that it was clear that Ms Shevlin had not known about this and believed her assertion that this had not been raised with her previously.
Employment Judge Palmer stated that “it seems to us that… commission was, in practice, paid irrespective of the necessity to iron out errors and miss steps in the design and preparation for the installation process.” The Judge also noted that Cambridge Kitchens had never refused to pay commission in these circumstances before, to Ms Shevlin or anyone else.
Unpaid Commission to Workers May Result from Clause Wording
This case highlights the importance of ensuring that commission clauses are worded correctly. If the payment of commission is contingent on specific conditions, this should be made clear in the relevant clause. Any uncertainty or unpaid commission could result in claims for unlawful deductions to wages.
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The tribunal ordered Cambridge Kitchens to pay the worker’s unpaid commission of £11,870.30. It also upheld her claim for constructive unfair dismissal, for which a separate hearing will be held to decide the amount of compensation.
Ms Shevlin’s claim for disability discrimination was not upheld on the grounds that, at the time, the employer did not know or could have been expected to know about her disability.