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2221252/2024

CDW Ltd

16 December 2024England & Wales
GOV.UK

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

Relevant Law (2) Deductions from Wages. 54. By section 13 of the Employment Rights Act 1996 an employee has the right not suffer unauthorised dedu

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

womey, counsel RESERVED JUDGMENT 1. The unfair dismissal claim fails. 2. The respondent did not make unauthoris

Decision Text

Case No: 2221252/2024 10.2 Judgment - rule 61 EMPLOYMENT TRIBUNALS Claimant: Mr C. Pigott Respondent: CDW Ltd London Central by CVP 10, 11 October 2024 Employment Judge Goodman Representation: Claimant: Robin Pickard, counsel Respondent: Joanne Twomey, counsel RESERVED JUDGMENT 1. The unfair dismissal claim fails. 2. The respondent did not make unauthorised deductions from the claimant’s wages. 3. The hearing on 23 January 2025 will not take place. REASONS 1. The claimant resigned his employment on 2 January 2024, giving one month’s notice. He has brought two claims. The first is for unauthorised deductions from wages, a claim for commission which relates factually to changes in the allocation of work in June 2023, and to repayment of overpaid commission which came to light in November 2023. The second claim is of (constructive) unfair dismissal, which concerns how information about the changes and about the repayment was provided to him over this period. 2. The claim had not been subject to case management before the final hearing. Counsel had usefully drafted and agreed a list of issues when preparing for the hearing, although even then the commission issues evolved over the course of the hearing. The list is appended to these reasons. An employer contract claim was withdrawn. Case No: 2221252/2024 10.2 Judgment - rule 61 Evidence 3. I heard evidence from the claimant, Christpher Pigott, from his line manager, Neil Bailey, and from William McGinnety, who was responsible for calculating commission. There was an agreed bundle of 899 pages. I read those to which I was directed. 4. Some of the commission issues were clarified in the course of the evidence. B...

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Case Details

Case Number
2221252/2024
Decision Date
16/12/2024
Published
17/04/2025
Jurisdiction
England & Wales