Sales employee wins commission claim but discrimination allegations fail
A sales employee who claimed she was underpaid commission by Maple Green Fine Foods has been awarded £2,653.06, but her allegations of sex and age discrimination and pregnancy-related dismissal were dismissed.
1 min read · Last updated 18 May 2026
Case details
- #commission
- #unlawful-deduction
- #sex-discrimination-dismissed
- #age-discrimination-dismissed
- #pregnancy-maternity-dismissed
Key facts
- The claimant was employed by Maple Green Fine Foods Limited and earned commission on sales.
- The claimant was dismissed but the tribunal found no discrimination or unfair dismissal related to pregnancy, sex, or age.
- The respondent failed to pay the claimant full commission due under her contract.
- The tribunal calculated outstanding commission as £2,653.06 after deducting commission already paid.
- The claims against the second respondent were dismissed upon withdrawal.
Timeline
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Preliminary hearing
Claims against second respondent dismissed upon withdrawal.
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Substantive hearing day 1
Hearing in person at Mold.
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Substantive hearing day 2
Hearing in person at Mold.
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Substantive hearing day 3
Hearing remotely via video.
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Judgment issued
Tribunal found unlawful deduction of wages but dismissed discrimination and unfair dismissal claims.
The legal issue
The tribunal had to decide whether the employer failed to pay commission owed under the contract, and whether the employee was discriminated against on grounds of sex or age, or dismissed for a reason related to pregnancy or maternity.
The outcome
The tribunal partially upheld the claim.
- The employer was ordered to pay £2,653.06 in outstanding commission.
- All claims of sex discrimination, age discrimination, and unfair dismissal related to pregnancy/maternity were dismissed.
- No compensation breakdown beyond the commission amount was provided.
Lessons & takeaways
- Keep clear records of sales and commission calculations to avoid disputes over what is owed.
- If you believe you are being underpaid commission, raise the issue in writing and keep evidence of your sales.
- Discrimination claims require strong evidence of a protected characteristic being the reason for treatment – a feeling is not enough.
- Representing yourself is possible, but having legal advice can help navigate complex discrimination arguments.
When commission payments go wrong
A sales employee who worked on a commission-based contract with Maple Green Fine Foods Limited successfully proved she was owed over £2,600 in unpaid commission. The tribunal calculated that she had generated sales of over £58,000, entitling her to 5% commission, but the employer had only paid a fraction of that amount.
What the employer could have done differently
The dispute over commission might have been avoided if the employer had kept proper records of the sales attributed to the employee and paid the correct percentage promptly. Instead, the employee had to bring a claim to recover what was contractually hers.
Why this matters for similar claims
This case is a reminder that commission-based workers can enforce their contractual rights through an unlawful deductions claim, even if other claims – such as discrimination – are unsuccessful. The employee represented herself and still succeeded on the wages issue, showing that a clear contract and evidence of sales can be enough to win without a lawyer. However, the dismissal of the discrimination claims highlights the difficulty of proving that a protected characteristic was the real reason for an employer's actions.
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