How Can Your Business Get an Energy Refund in 2026?
As we move through 2026, UK businesses are facing the consequences of years of unclear pricing, hidden commissions and complex energy contracts.
With growing scrutiny of suppliers and brokers, thousands of companies are now discovering they may have been overcharged, and could be entitled to refunds running into the thousands.
Why Have Businesses Been Overcharged?
Many organisations are only now realising they have paid more than they should due to issues such as:
- Hidden broker commissions buried within unit rates
- Inflated contract prices disguised in complex or misleading agreements
- Incorrect billing, including standing charges and meter readings
- Deemed or out‑of‑contract rates with unfair terms
- Supplier switching errors that went unnoticed
For years, business customers lacked the strong protections given to domestic energy users, leaving many exposed to unethical practices.
But the landscape is finally changing.
What Is Changing in 2026?
Recent reforms mark a major shift toward transparency, accountability and customer protection across the UK business energy sector.
1. Expanded Regulatory Protections for SMEs
Previously, only microbusinesses had guaranteed protections. From 2025 onward, Ofgem has extended safeguards to small businesses (fewer than 50 employees and turnover under £6.5m), including:
- Access to the Energy Ombudsman for dispute resolution
- Mandatory signposting to Citizens Advice
- Stricter complaint‑handling requirements
- Full transparency of broker fees within contracts
These new rights make it easier than ever for businesses to challenge unfair bills.
2. Crackdown on Energy Brokers (TPIs)
Energy brokers, also known as third‑party intermediaries, have played a major role in mis‑selling energy deals.
New rules now require:
- Suppliers to only work with accredited brokers
- Mandatory disclosure of all commissions and fees
- Universal standards to reduce mis‑selling and deceptive practices
- Improved dispute‑resolution processes
This crackdown is expected to uncover billions of pounds in hidden charges across the business sector.
3. Electricity Market Reform (REMA)
The government’s ongoing REMA programme is shaping the future of energy pricing. One key proposal, zonal pricing, could result in energy prices varying by region, depending on local supply and grid capacity. This may create significant differences in business energy costs across the UK.
4. Arbitration Reform (2025)
The Arbitration Act 2025 has modernised dispute resolution, giving businesses:
- Faster, more transparent processes
- Fairer rules for handling energy‑related disputes
- Lower barriers to challenging unfair contracts
For companies that have faced unclear pricing or hidden fees, the timing has never been better to review past agreements.
5. A Major Turning Point for Business Energy Commission Claims (2026)
A landmark moment has reshaped the landscape for business energy commission claims following the Supreme Court’s final order in the influential case Expert Tooling and Automation Limited v Engie Power Limited (the “Expert Tooling appeal”).
The appeal has now been conclusively decided in favour of Expert Tooling, marking a transformative point for businesses seeking to recover hidden energy commissions.
This follows the Supreme Court’s reasoning in the 2025 judgment Hopcraft v Close Brothers Ltd, widely known as the “car finance judgement”. In that ruling, the Court held that where a fiduciary relationship exists, only fully informed consent can prevent a breach of fiduciary duty, anything less is insufficient.
After applying that same legal principle, the Supreme Court ordered that:
- The appeal against the earlier Court of Appeal decision be allowed
- Judgment be entered for the claimant
- Engie’s cross‑appeal be dismissed entirely, with the Court stating it “does not raise an arguable point of law”
This outcome firmly establishes that energy brokers and suppliers who failed to transparently disclose commissions now face significant legal exposure.
For years, widespread non‑disclosure of commission arrangements left businesses uncertain about whether they had grounds to challenge their contracts.
Victoria Myers, Director of Energy Solicitors Limited, highlighted the importance of this victory:
“This outcome is a landmark moment. Energy suppliers can no longer hide behind secrecy or complex broker arrangements. This will give confidence to thousands of businesses across the UK to seek legal advice and consider action to reclaim the commission payment.
This marks a crucial moment in the fight against energy mis-selling. Brokers must now operate with full transparency and businesses are in a strong position to challenge unfair practices. We will be right by their side to ensure they successfully do that.”
This Supreme Court outcome finally delivers the legal certainty businesses have been waiting for clearing the pathway for energy commission claims to move forward at scale.
If your business was charged hidden commissions or placed into a contract without full disclosure, the legal position is now settled.
The route to recovery is open.
Energy Broker Mis‑Selling: What You Need to Know
Many businesses trusted brokers to find them the best deal, only to later learn:
- Contract terms were misrepresented
- Commissions were never disclosed
- Hidden fees were built into the unit rate
- Contracts were extended or auto‑renewed at high rates
- Brokers claimed their service was “free” when it wasn’t
This has resulted in billions of pounds in unnecessary charges across the UK.
How to Claim an Energy Refund
1. Review Your Contracts & Bills
Look for unusual rates, unexplained charges or inconsistent pricing.
2. Request a Full Breakdown
Ask your broker or supplier for written disclosure of all fees and commissions.
3. Raise a Formal Complaint
Follow your supplier’s complaints process. If unresolved after 8 weeks, escalate it.
4. Seek Specialist Legal Advice
Energy litigation experts can help you:
- Identify mis‑selling
- Recover hidden broker fees
- Challenge inflated contract terms
- Claim refunds and compensation
How We Can Help
At Energy Solicitors, our team specialises exclusively in business energy claims and litigation.
We can:
- Audit your energy contracts for irregularities
- Identify hidden commissions or mis‑selling
- Negotiate refunds and recover overpayments
- Represent you in disputes with suppliers or brokers
We have already helped businesses secure £1000s in recovered costs, and in some cases, significantly more.
No matter your size, SME, charity, or large enterprise, our legal team will guide you through the process and ensure your business is not exploited by unfair energy practices.
Act Now
If your business has been misled, overcharged or tied into unfair contracts, now is the time to act.
With updated regulations, better protections and legal routes becoming simpler, businesses are reclaiming what they are rightfully owed.
Contact Energy Solicitors to start your business energy claim.
Get in Touch