Mr S Hussain v Carbon Clean Ltd — 2021

Mr Hussain worked for Carbon Clean Ltd from 5 April 2019 to 18 November 2019. He claimed notice pay, holiday pay, outstanding salary, and commission. The tribunal noted that this was not an unfair dismissal claim because he did not have sufficient service. It heard evidence about a 26 March 2019 meeting on commission, later written commission terms issued in July 2019, and a 23 October 2019 meeting about his role and salary.

On commission, the tribunal found that the March 2019 discussion did not agree a term that he would receive £150 per machine sold. It accepted the respondent's evidence that the discussion was about a target-based commission structure, with lower commission for demonstration sales, and found the contemporaneous notes consistent with that account. The tribunal also relied on the fact that the claimant did not raise a complaint about a £150-per-machine term when the written commission information was later issued in July 2019, or while he continued working and making sales.

On the role and salary change, the tribunal found that the claimant agreed the reduction from £30,000 to £20,000 and the corresponding change in role at the 23 October 2019 meeting. It found there was no requirement in the contract for a variation to be signed in writing, and in any event held that he waived any breach by continuing to work without protest until he resigned. For the resignation, the tribunal found the 18 November 2019 email was a resignation on notice to the end of November 2019, but that he was not prepared to work normally during the notice period. The respondent was therefore entitled to dismiss him without notice when he refused to work out that notice.

The salary and holiday pay claims also failed. The tribunal found the respondent had paid November 2019 salary up to the termination date at the correct reduced contractual rate, and had paid accrued holiday pay at the correct reduced rate. No remedy was awarded.