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Brill v Interactive Business Communications Ltd - Tribunal's findings as to contractual terms binding on appeal [2010] EAT

Where an employment tribunal has ruled on which terms of a contract of employment apply to the parties, and those findings are not themselves the subject of an appeal, then those findings are binding on an appeal tribunal considering an appeal on any other aspect of the case. 

Mr Brill made several claims in the Employment Tribunal which included a claim for unlawful deduction from wages amounting to £7,550.68 unpaid commission. All claims were dismissed. The Tribunal identified that it had to determine what Mr Brill was entitled to by way of commission from work undertaken and orders before the termination of his employment, as against what he actually received. Therefore it had to decide what contractual terms applied; in particular whether there was a term in Mr Brill's contract of employment that stopped the payment of any commission payments after employment was terminated.

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