Claimant v Signature Medical Limited

Outcome

Facts

The claimant was employed as Head of Business Development from 16 March 2023 to 11 November 2024 on a salary of £30,000 plus commission. His role involved recruiting referees/influencers who would refer potential customers for cosmetic surgery, generating commission shared between the claimant and the referee. The claimant's employment was terminated on 11 November 2024 and he accepted all commission due for surgeries completed up to that date had been paid. He claimed £55,000 for commission on surgeries performed after his termination under marketing contracts he had negotiated during his employment, which had three-year fixed terms.

Decision

The tribunal dismissed the claim on jurisdictional grounds, finding that the claim did not arise or remain outstanding at termination as required by Article 3 of the Employment Tribunals Extension of Jurisdiction Order 1994. The claimant sought commission on future post-termination surgeries which were uncertain and prospective. Alternatively, the tribunal found there was no contractual entitlement to post-termination commission as the commission arrangements ended with the employment relationship on 11 November 2024.

Practical note

Legal authorities cited