Business Energy Claims: Frequently Asked Questions

Business energy claims are legal claims made by UK businesses to recover hidden commissions that energy brokers earned from suppliers without proper disclosure. Between 2010 and 2023, brokers routinely embedded commissions into business energy unit rates without informing clients - meaning businesses paid inflated rates for gas and electricity without ever knowing a broker was profiting from the arrangement.

Where those commissions were not properly disclosed and consented to, affected businesses are legally entitled to recover the full value of the undisclosed commission, typically with interest added. Business energy claims are also known as mis-sold energy claims, energy broker commission claims, hidden commission energy claims, or business energy mis-selling claims.

A mis-sold business energy claim arises where a broker misled you, failed to disclose material information, or prioritised the supplier's interests over yours when arranging your energy contract. The most common - and most legally straightforward - form of business energy mis-selling is the failure to disclose broker commissions embedded in your unit rate.

Other forms of mis-selling include: presenting inflated or misleading rate comparisons, recommending a contract length that benefited the broker rather than you, failing to explain exit or break clauses, or using pressure tactics to secure a quick signing. Mis-sold energy claims can be pursued against the broker, the supplier, or both parties depending on the specific circumstances.

A hidden commission energy claim specifically targets the undisclosed payment a broker received from your energy supplier in connection with arranging your contract. These commissions were typically structured as a per-unit uplift added directly to your gas or electricity rate, making them completely invisible on your bills. The total bill looked like a normal market rate - but part of every unit you consumed was going to your broker, not the supplier.

UK agency law requires brokers to fully disclose any commission received from the counter-party (the supplier) and to obtain your informed consent. Where this did not happen, you can claim back the full value of those hidden commissions plus statutory interest - regardless of whether the broker believed the arrangement was standard industry practice.

Business energy mis-selling is the broad term for any situation in which a broker or supplier acted improperly when selling or arranging your business energy contract. The most widespread form involves undisclosed commission arrangements - where the broker told you their service was "free" or "independent" while secretly earning thousands of pounds from the supplier on each contract signed.

Ofgem's 2024 TPI Code of Practice was introduced specifically to address the historical scale of business energy mis-selling and to require transparency for future contracts. The regulator's recognition of the problem validates the legal basis for historic business energy mis-selling claims, which remain fully pursuable.

They overlap significantly but are not identical. Energy broker commission claims specifically target the undisclosed commission paid by a supplier to a broker. Mis-sold energy claims is a broader term that encompasses all forms of improper conduct by a broker, including but not limited to undisclosed commissions. In practice, most business energy claims involve both elements: a broker who mis-sold the contract and did so partly through an undisclosed commission arrangement.

To make a business energy claim, start by completing our free online eligibility check - it takes under 2 minutes and carries no obligation. We will review your energy contracts to identify any undisclosed broker commissions or other forms of mis-selling.

If your business has a viable claim, our energy claims solicitors handle everything on a no win, no fee basis: gathering documentary evidence, submitting Subject Access Requests to suppliers and brokers, issuing formal letters of claim, conducting negotiations, and pursuing legal proceedings if required. You do not need the original contracts to start - we can often obtain the documentation we need on your behalf.

Yes, in many cases you can. Under UK contract and common law, brokers acting as agents have a legal duty to disclose any commission they receive from the counter-party (the supplier) and to obtain your informed consent. Where this duty was breached - even without deliberate dishonesty - you are entitled to recover the undisclosed commission plus interest.

Claims can be brought against the broker directly, against the energy supplier (who participated in the arrangement), or against both parties. Which route is most appropriate depends on the facts of your specific case, which our specialists assess during the free review.

If anyone other than the energy supplier's own direct sales team arranged your business energy contract, that person was likely acting as a broker or TPI (Third-Party Intermediary). This includes people who contacted you cold, people or companies who compared suppliers on your behalf, and anyone who facilitated the paperwork for a contract that you did not source directly from a supplier's website or call centre.

Common broker titles include: energy consultant, energy adviser, procurement specialist, energy manager, and energy comparison service. If you're not sure, contact us and we'll assess the arrangement during your free review.

Yes. Business energy claims relate to historic contracts, not your current supply. Switching supplier does not affect your legal right to claim for undisclosed commissions on previous contracts. In fact, if subsequent contracts were also arranged through brokers, you may be eligible to make multiple claims - one for each affected contract period.

Useful documents include: signed energy supply contracts, Letters of Authority you granted to your broker, any broker service agreements or terms, energy bills from the contract period, and any written correspondence with the broker. However, you do not need all of these to start a claim. We can often obtain records directly from suppliers and brokers using formal Subject Access Requests under UK data protection law. Do not let a lack of documentation put you off making an enquiry.

Not necessarily. The law requires that disclosure be sufficient for you to give informed consent - a vague mention that the broker is "remunerated by suppliers" is unlikely to meet this standard if the specific nature, amount, and basis of the commission was not explained. Many businesses were given minimal or boilerplate references to commission without any meaningful detail. We assess whether the level of disclosure in your case was legally adequate as part of the free review.

Business energy claims case law draws on well-established UK agency and fiduciary law. The core principle - that an agent must disclose and account for any secret commission received from a third party - has been upheld by UK courts for over a century. The modern legal framework was significantly shaped by the Supreme Court's decision in Wood v Commercial First Business Ltd [2021], which confirmed that undisclosed commissions can be recovered without needing to prove deliberate dishonesty by the agent.

This decision, combined with the Court of Appeal's guidance in Plevin v Paragon Personal Finance [2014], created the legal basis for the PPI compensation scheme - and the same principles apply directly to business energy broker commission claims. Courts have also addressed energy-specific cases, consistently upholding the rights of businesses to recover undisclosed commissions from brokers and suppliers.

The High Court has addressed business energy broker commission claims in several cases, consistently applying the principle established in the Supreme Court's Wood v Commercial First ruling. Key findings include: that the duty to disclose applies regardless of whether the broker considered their commission arrangement to be standard practice; that the energy supplier who paid the commission can also bear liability; and that affected businesses are entitled to recover the commission paid plus compound interest without needing to rescind the underlying energy contract.

Business energy claims High Court cases have also clarified the evidential standard required - in particular, that businesses do not need to prove they would have negotiated a different rate had they known about the commission, only that they were not given sufficient information to consent to it.

Ofgem has explicitly acknowledged the scale of undisclosed commission practices in the UK business energy market. In 2024, Ofgem published its Third-Party Intermediary (TPI) Code of Practice, which for the first time requires brokers to be transparent about commission structures, disclose their remuneration upfront, and obtain informed client consent before arranging a contract.

While Ofgem's new code does not apply retrospectively to historic contracts, its introduction is significant for two reasons. First, it confirms the regulator's view that previous practices fell below an acceptable standard. Second, it signals regulatory support for affected businesses who pursue legal claims for historic business energy mis-selling. Ofgem has also stated that it expects the industry to take historic mis-selling seriously.

Under English law, the standard limitation period for contract and agency claims is six years from the date the cause of action arose - typically when the contract was signed or the commission was paid. In practice, this means contracts entered into from around 2018 onwards are clearly within time.

However, where the commission was concealed and you could not reasonably have known about it, the limitation period may run from the date of discovery rather than the date of the contract. Given that undisclosed commissions were, by nature, hidden, it is often arguable that the limitation period was extended. Many claims relating to contracts from 2014 onwards are successfully pursued. Our specialists will assess the applicable timeframe for your specific contracts.

Yes. Factory energy claims are among the highest-value business energy claims we handle. Manufacturing and industrial businesses typically have significant gas and electricity consumption, meaning even a small per-unit commission uplift can translate into tens or hundreds of thousands of pounds across a multi-year contract. Factories often had complex contracts - including flexible purchasing arrangements and multi-meter setups - that provided brokers with additional opportunities to embed undisclosed commissions. If your factory used a broker or energy consultant, it is well worth having your contracts reviewed.

Yes. Warehouse energy claims are common and often valuable. Distribution centres, logistics hubs, cold storage facilities, and fulfilment warehouses typically operate round-the-clock with high electricity consumption for lighting, refrigeration, and materials handling equipment. This consumption profile means undisclosed commission uplifts on warehouse energy contracts can represent substantial sums. We handle warehouse energy claims for single-site operations and multi-site logistics businesses.

Yes. Church energy claims and charity energy claims follow the same legal principles as commercial business claims. Religious organisations, charities, community groups, and not-for-profit bodies that used a broker to arrange their energy supply and were not properly informed of broker commissions have the same right to pursue a claim as any commercial enterprise. We handle energy claims for churches, multi-site religious organisations, charities, housing associations, and other non-commercial entities.

Yes. While the highest individual claim values tend to come from larger energy users, SMEs and sole traders with business energy contracts are equally eligible to make claims. Even a small retail unit or office with a relatively modest energy spend can have a viable claim if a broker arranged the contract without proper commission disclosure. The no win, no fee basis means the size of your business does not affect your ability to pursue a claim.

Business energy claims solicitors specialise in recovering undisclosed broker commissions and business energy mis-selling compensation on behalf of UK businesses. They handle every stage of the legal process: initial eligibility assessment, evidence gathering (including Subject Access Requests), preparation and submission of formal letters of claim, negotiations with brokers and suppliers, and if necessary, the issue of legal proceedings and representation in court or dispute resolution.

Working with specialist energy claims solicitors rather than a general claims company ensures your claim is built on a solid legal foundation and that any settlement offered is properly assessed before acceptance.

Yes. Business energy claims solicitors who specialise in this area, including EnergyClaimHelpline, work exclusively on a conditional fee (no win, no fee) basis. This means: no upfront payments, no administration charges, no cost for the initial review, and no fee at all if your claim is unsuccessful. Our success fee is a clearly agreed percentage of the compensation actually recovered, set out in writing before any work begins.

No win no fee claims against energy companies and brokers are the standard model for this type of claim. It means businesses of any size can pursue compensation without financial risk. If we do not win, you owe us nothing.

Our business energy claims calculator estimates the potential value of your claim based on four inputs: your annual energy spend, the number of years covered by the contract, your number of business sites, and an estimated commission rate based on the type of contract and period. The calculator applies typical commission uplift ranges seen across the market (historically 0.3p to 3p per kWh) to generate a realistic indicative range.

The calculator is a useful starting point but is not a formal valuation. The actual value of your claim depends on the specific commission arrangements in your contracts, which our specialists determine through a full contract review. Use the calculator on our homepage to get an initial estimate, then submit your details for a precise assessment.

Timelines vary depending on the complexity of the case and the cooperation of the broker and supplier. Most straightforward single-contract business energy claims reach a resolution within 3 to 9 months. Multi-site or multi-contract cases, or those involving uncooperative respondents, can take between 9 and 18 months. Cases that proceed to formal legal proceedings may take longer, but these represent a minority of claims. Your case manager will give you a realistic estimate once we have reviewed your documentation.

If your claim is successful, you are typically entitled to recover: the full value of the undisclosed commission paid on your contract(s), plus interest (often calculated at 8% per annum from the date the commission was paid). In some cases, additional losses flowing from the mis-selling may also be recoverable. The average successful business energy claim recovered by our clients is £18,400 - but claim values range from a few thousand pounds for smaller businesses to over £100,000 for large industrial or multi-site operations.