Cases6001290/2024

Claimant v Celos Wines Limited

15 May 2025Before Employment Judge G DuncanBristolremote video

Outcome

Claimant succeeds£4,477

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant's detailed commission calculations, which matched invoice records and spreadsheets, were accurate. The respondent's calculations were poorly explained, lacked proper documentation, and failed to adequately support the asserted deductions. The tribunal was persuaded that unauthorised deductions totalling £4,477.38 had been made from the claimant's commission payments.

Holiday Paywithdrawn

Withdrawn by claimant at the outset of the hearing and dismissed on withdrawal.

Facts

The claimant worked as a sales representative selling wine on commission from November 2020 to January 2024. She alleged that the respondent had made unauthorised deductions from her commission payments totalling approximately £4,477.38. The claimant maintained detailed spreadsheets cross-referencing her sales invoices with payments received. The respondent disputed the claim, alleging various deductions were necessary for unauthorised wine bottles and returns, and made serious allegations about the claimant's conduct including that she had started working for a competitor.

Decision

The tribunal found in favour of the claimant. The judge was impressed by the claimant's detailed and precise record-keeping, which clearly matched invoices and spreadsheets. By contrast, the respondent's calculations were poorly explained, appeared to be rough third-hand copies, and failed to adequately support the claimed deductions. The tribunal awarded the full amount of £4,477.38 for unauthorised deductions from wages.

Practical note

Meticulous record-keeping is crucial in commission disputes: detailed contemporaneous records that cross-reference invoices will significantly strengthen a worker's position compared to poorly documented employer calculations.

Award breakdown

Arrears of pay£4,477

Legal authorities cited

Statutes

ERA 1996 s.13(1)ERA 1996 s.23

Case details

Case number
6001290/2024
Decision date
15 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
No
Rep type
self

Employment details

Role
Sales Representative
Service
3 years

Claimant representation

Represented
No