McMahon said she was unfairly dismissed as she had complained about working more than 48 hours a week, which was not required in her contract and is above the weekly working time limit. She also said she had sick pay and commission deducted from her wages.
According to the tribunal, she went to management and told them she was “stressed” about working longer hours, which included travelling, and was dismissed two days later.
The company claims she was dismissed due to poor performance, but the employment tribunal it was clear that management considered her a “moaner”. It ruled the dismissal was unfair as no process was followed and there was not a fair reason to fire her.
Judge King, who heard the case, said: “In respect of the 48 hour week the claimant had not signed an opt out and as such if the claimant was working in excess of 48 hours average across the week then her right was being infringed.”
During her first year of employment, the claimant earned commission and no issues were raised of her performance.
It also noted that in her second year she exceeded the initial earning threshold of £100,000 and proceeded to the next level, received a pay rise and no complaint was made about her performance.
McMahon also brought a claim around unfair deductions to a payslip in 2019, as it did not include adequate commission or sick pay although she was off for two weeks with an illness.
According to McMahon she was deducted over £700 due to unpaid holiday, which she claimed was in fact sickness, in addition to her commission.
The tribunal found that she had raised the issue of her salary and the deductions to her payslip via email and in person, but this was not adequately followed up. This claim was also ruled in her favour.
