In a case of ‘you can’t blame a guy for trying’, in the recent case of Saul v Rashbrook, a solicitor put forward a rather far-fetched claim for unpaid commission. The whole concept of commission is rooted in the idea that a person receives a ‘cut’ of the value of sales that they have secured for the business. Mr Rashbrook’s contract said he would earn commission on work he carried out once he had billed more than three times his salary. He claimed that he had been underpaid commission as his employer had not taken account of the work that other people had done on his files when working out if he had reached the three times annual salary threshold. The Employment Appeal Tribunal held:

  • Contract clauses should be construed neutrally and given their natural and ordinary meaning.
  • The clause clearly said commission was only due for “work carried out by the Employee” as a solicitor.
  • This meant that only work done by Mr Rashbrook himself counted toward the commission threshold.
  • Once the fees for work done by others were removed, he hadn’t met the required threshold of three times his salary.

Mr Rashbrook’s claim was, unsurprisingly, dismissed. 

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

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