Graduate surveyor awarded nearly £3,000 after employer withheld pay, commission and holiday pay
A graduate building surveyor who resigned after his employer failed to pay his March salary, commission and bonus has been awarded £2,989.74 by an employment tribunal for unauthorised deductions.
1 min read · Last updated 18 May 2026
Case details
- #graduate-building-surveyor
- #unauthorised-deductions
- #holiday-pay
- #commission
- #bonus
- #training-costs-set-off
- #constructive-dismissal-withdrawn
Key facts
- Mr Peartree was employed as a Graduate Building Surveyor from 1 March 2021 to 5 April 2022.
- On 28 March 2022, Mr Peartree refused to attend a second survey, citing excessive workload.
- Mr Peartree did not receive his March 2022 salary, commission, or bonus on the due date.
- Mr Peartree resigned with immediate effect on 5 April 2022, citing repudiatory breach of contract.
- The tribunal found no evidence of carelessness or negligence by Mr Peartree to justify deductions.
- The respondent had little or no likelihood of successfully defending the holiday pay, arrears of pay, and expenses claims.
Timeline
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Employment started
Mr Peartree began employment as a Graduate Building Surveyor.
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New bonus scheme introduced
A new bonus scheme was communicated, with a £100 bonus for £10,000 revenue.
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Refusal to attend second survey
Mr Peartree emailed PDL stating he would not attend a second survey due to excessive workload.
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Salary not paid
Mr Peartree did not receive his March salary or payslip; later saw commission and bonus were deducted.
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Resignation letter sent
Mr Peartree submitted a resignation letter giving one month's notice, without mentioning disputes.
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Email exchange about deductions
Mr Peartree emailed PDL demanding payment; Mr Prinse responded aggressively, denying entitlement.
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Immediate resignation
Mr Peartree terminated employment with immediate effect, citing repudiatory breach.
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Meeting at PDL offices
Mr Peartree met with HR manager Ms George; Mr Prinse made threatening remarks.
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Claim presented to tribunal
Mr Peartree filed claims for unfair dismissal, holiday pay, arrears of pay, and other payments.
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Final hearing
The tribunal heard evidence and submissions; constructive unfair dismissal claim withdrawn.
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Judgment issued
The tribunal upheld claims for holiday pay, arrears of pay, commission, bonus, and expenses, awarding £2,989.74.
The legal issue
The tribunal had to decide whether the employer made unauthorised deductions from the claimant's wages, including salary, commission, bonus, holiday pay and expenses, and whether the claimant was entitled to those payments.
The outcome
The tribunal upheld the claimant's claims for holiday pay, arrears of pay, commission, bonus and expenses, awarding a total of £2,989.74.
Key reasons:
- The employer had no contractual right to deduct training costs from the claimant's salary without his agreement.
- The employer failed to pay the claimant's March salary, commission and bonus on the due date without lawful justification.
- The employer's defence that the claimant had been careless or negligent was not supported by any evidence.
Compensation breakdown:
- Holiday pay: £395.24
- Arrears of pay (salary for March 2022 plus notice pay, less training expenses): £1,789.50
- Commission: £350.00
- Bonus: £100.00
- Expenses: £355.00
Lessons & takeaways
- Employers cannot make deductions from wages unless there is a clear contractual right or the employee has agreed in writing.
- If you are not paid your salary on time, you may have a claim for unauthorised deductions even if you resign shortly after.
- Keep records of all communications about pay disputes, as they can be crucial evidence in tribunal proceedings.
- A claim for constructive unfair dismissal requires two years' service, but claims for unauthorised deductions can be brought from day one.
When pay disputes lead to resignation
This case shows how a breakdown in communication over pay can escalate quickly. The claimant, a graduate building surveyor with just over a year's service, refused to attend a second survey on a busy day, citing excessive workload. His employer, Prinsegate Developments Ltd, responded by withholding his March salary, commission and bonus.
The claimant resigned with immediate effect, arguing that the non-payment amounted to a repudiatory breach of contract. He then brought claims for unauthorised deductions, including holiday pay, arrears of pay, commission, bonus and expenses.
What the employer did wrong
The tribunal found that Prinsegate Developments had no contractual right to make the deductions. The employer tried to argue that the claimant had been careless or negligent, but provided no evidence to support this. The tribunal also noted that the employer's defence was 'thin' and that it had little chance of success.
Crucially, the employer attempted to deduct training costs from the claimant's salary without his agreement. The tribunal confirmed that such a deduction was only permissible if the contract expressly allowed it or if the employee had given written consent.
Why this matters
This case is a reminder that employees do not need two years' service to bring a claim for unauthorised deductions. Even short-serving employees can challenge non-payment of wages, commission, bonus, holiday pay and expenses. The tribunal will look at whether the employer had a lawful right to withhold the money, and if not, the employee is entitled to be paid.
For employers, the message is clear: if you want to deduct money from an employee's wages, you need a clear contractual right or the employee's written agreement. Making deductions without this can lead to a tribunal award, plus the cost of defending the claim.
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