Claimant v Milk Education Limited
Outcome
Individual claims
The tribunal found that the respondent had made an unlawful deduction from the claimant's wages by failing to pay commission payments due for December 2024. The respondent was ordered to pay the full amount claimed of £704.55 gross.
Facts
The claimant brought a claim for unlawful deduction from wages relating to unpaid commission payments for December 2024. The respondent is an education company. The claimant was represented by a lay representative (Mr I Besford) and the respondent by their Head of HR (Mr Higgins). The hearing took place in person at Newcastle on 14 August 2025.
Decision
Employment Judge Newburn found the claim for unlawful deduction from wages was well founded and succeeded. The respondent was ordered to pay £704.55 gross in respect of the unpaid December 2024 commission payments, with the claimant liable for any tax and national insurance due.
Practical note
Employers must pay all contractual commission payments when due, and failure to do so constitutes an unlawful deduction from wages under the Employment Rights Act 1996.
Award breakdown
Case details
- Case number
- 2500525/2025
- Decision date
- 14 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- lay rep