Mishcon de Reya ordered to pay out to constructively dismissed director

London firm Mishcon de Reya must pay a former employee almost £24,000 after losing an employment tribunal claim. Employment Judge Walker awarded the sum to former commercial director Paul Hemmings following a hearing at the London Central tribunal. The remedy judgment was published this week.

The firm was ordered to pay Hemmings around £2,000 for unlawful deduction from wages and £21,780 as an award for unfair dismissal. The compensatory element included lost commission and pension loss for 50 weeks in total.

Hemmings had succeeded in his claim for constructive unfair dismissal and unlawful deduction of wages after a two-day trial in December.

The tribunal had heard that Hemmings was not paid commission owed to him for three years, before he resigned in 2023 saying he had lost trust and confidence in the firm due to the way he had been treated.

The judge said the firm had been ‘disingenuous’ and ‘evasive’ about Hemmings’ commission and did not give him the information he requested to help calculate what he was owed.

Hemmings had joined Mishcon de Reya in 2020 to work in its cyber business and his contract stated that he would earn an extra 3% quarterly on all fees originated by him. The firm denied to the tribunal that it withheld information and stated that it had provided a breakdown of the commission calculations after it had been requested.