Claimant v Anderstore Ltd

The tribunal found the dismissal was for conduct (a potentially fair reason) after the claimant assaulted a member of the public while on company premises wearing company uniform. The respondent had a genuine belief in the misconduct, reasonable grounds for that belief following a reasonable investigation including CCTV evidence and witness statements. The procedure followed was fair and in line with ACAS Code. Dismissal was within the range of reasonable responses given the seriousness of the assault, the claimant's lack of remorse, and his failure to provide reassurance he would not behave similarly again.

The claimant claimed he was entitled to full commission for February 2024, but only received one-third. The tribunal found the commission scheme rules clearly stated that employees who commit or are found guilty of disciplinary offences forfeit entitlement to commission payments. The respondent was entitled to withhold commission pending the disciplinary process, and once the claimant was found guilty of gross misconduct, he lost his entitlement entirely under the scheme rules.

The claimant's service agreement entitled him to participate in the commission scheme subject to terms and conditions decided by the respondent. The Service Engineers' Handbook made clear that in circumstances where an employee is found guilty of a disciplinary offence, they are not entitled to commission payments. The respondent was therefore not in breach of contract by withholding the commission.

Claim regarding National Minimum Wage was withdrawn after the respondent made payment to the claimant during the hearing.

Claim regarding mobile telephone costs (£188) was withdrawn after the claimant returned the phone and the respondent paid the sum claimed during the hearing.