Claimant v Hivemind Network Limited

Tribunal found respondent did not know and could not reasonably have been expected to know claimant was disabled. Claimant failed to establish prima facie case. Respondent established disability played no part in dismissal decision, which was based on redundancy and performance issues including the North Standard matter and staff complaints.

Tribunal found respondent did not have actual or constructive knowledge of claimant's disability. Claim relating to May 2023 travel discussions was out of time and Tribunal refused just and equitable extension. On merits, respondent established disability had no impact on any treatment. Claimant's evidence was found unreliable.

Tribunal construed employment contract as whole and concluded commission was not payable beyond termination date. Clause 61 read with clauses 9, 10, 11 and 70 (entire agreement) made clear commission payable only during employment. Claimant's evidence of oral agreement to pay 12 months post-termination commission rejected as unreliable and contradicted by entire agreement clause.

For the same reasons as unlawful deduction claim. Tribunal found no commission payable post-termination under proper construction of contract. Claimant's evidence of variation to North Standard 90% threshold also rejected.