Showroom manager awarded £3,688 for unpaid commission and holiday pay
A showroom manager with five months' service won £3,688 for unlawful deductions from wages, holiday pay and failure to provide written particulars, but her disability discrimination claim was dismissed because her employer did not know she had dyslexia.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Showroom Manager/Designer from 13 November 2019 to 21 September 2020.
- The claimant had dyslexia but the respondent did not have actual or constructive knowledge of it.
- The claimant was entitled to 10% commission on profit margin for each successful job, but the structure was never agreed.
- The respondent failed to provide a compliant section 1 statement of employment particulars.
- The claimant's claims for disability discrimination were dismissed due to lack of knowledge by the respondent.
- The claimant was awarded £3,688 for unlawful deductions, holiday pay, and failure to provide particulars.
Timeline
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Employment started
Claimant began work as Showroom Manager/Designer at GT Plumbing & Heating Ltd.
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Furlough started
Claimant commenced furlough due to COVID-19, but continued to assist with work-related enquiries.
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Performance meeting
Respondent held a meeting about performance concerns; claimant received a verbal warning.
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Resignation
Claimant gave notice of resignation, initially stating one month's notice.
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Employment ended
Parties agreed to end employment on this date; claimant worked 4 hours.
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ET1 presented
Claimant brought claims for constructive unfair dismissal, discrimination, and unlawful deductions.
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Preliminary hearing
Employment Judge Fowell dismissed constructive dismissal and some discrimination claims.
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Final hearing (day 1)
Tribunal heard evidence on disability, unlawful deductions, and other claims.
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Judgment issued
Tribunal found in claimant's favour on unlawful deductions and failure to provide particulars, but dismissed disability claims.
The legal issue
The tribunal had to decide whether the claimant was disabled due to dyslexia, whether the respondent knew or ought to have known about it, and whether the claimant was entitled to unpaid commission, holiday pay and other wages.
The outcome
The tribunal upheld claims for unlawful deductions from wages and failure to provide written particulars, awarding £3,688 in total. The disability discrimination claim was dismissed because the employer had no actual or constructive knowledge of the claimant's dyslexia. The constructive unfair dismissal claim was dismissed at a preliminary hearing due to insufficient service (less than two years).
Compensation breakdown:
- Unpaid commission: £2,000
- Holiday pay: £1,200
- Failure to provide written particulars: £488
Lessons & takeaways
- Employers must provide a written statement of employment particulars within two months of the start date, or risk a penalty of up to four weeks' pay.
- Claims for unlawful deductions from wages do not require a minimum length of service, unlike unfair dismissal claims.
- A disability discrimination claim requires the employer to have actual or constructive knowledge of the disability; simply having a condition is not enough.
This case shows how a short-service employee can still bring successful claims for unpaid wages, even when other claims fail. The claimant, a showroom manager and designer, worked for GT Plumbing & Heating Ltd for just five months, from November 2019 to September 2020. During that time, she was entitled to 10% commission on profit margin for each job, but the exact structure was never agreed in writing. After her employment ended, she brought claims for constructive unfair dismissal, disability discrimination, and unlawful deductions.
What the tribunal decided
The tribunal dismissed the constructive dismissal claim because the claimant did not have the required two years' service. It also dismissed the disability discrimination claim, finding that the employer had no actual or constructive knowledge of her dyslexia. However, it upheld the claims for unlawful deductions from wages, including unpaid commission and holiday pay, and for failure to provide a written statement of employment particulars. The total award was £3,688.
What the employer could have done differently
GT Plumbing & Heating Ltd could have avoided this outcome by providing a clear written contract from the start, setting out the commission structure. They also failed to keep proper records of holiday pay. The tribunal noted that the employer was a small business, but that did not excuse the failure to comply with basic employment law requirements.
Why this matters for similar claims
This case is a reminder that employees with less than two years' service can still bring claims for unlawful deductions from wages, holiday pay, and failure to provide written particulars. It also highlights the importance of an employer's knowledge in disability discrimination claims—without evidence that the employer knew or should have known about the disability, such claims will fail.
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