Mr H K Cheema v Bleep 360 Care Limited — 2025

The claimant sought payment of commission earned in May 2024, which he said should have been included in his salary paid on 28 June 2024. He had resigned on 4 June 2024, his employment ended on 28 June 2024, and he was on garden leave from 25 to 28 June 2024. The tribunal found the claim arose and was outstanding when employment ended, so it fell within Article 3 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994.

The tribunal accepted that the respondent had not paid the May 2024 commission and relied on a contractual clause providing that commission would only be paid if the claimant was in employment and not serving notice when the commission was due to be paid. The claimant relied on the garden leave policy wording stating that he would continue to receive full pay and other contractual benefits during garden leave, but the tribunal held that the clause referred back to the main contract and did not displace the notice-based commission condition.

The tribunal found the commission clause to be clear and unambiguous. It held that the claimant was serving notice on the payment date, so the contractual condition for commission payment was not met. The tribunal said the refusal to pay the May 2024 commission was unfair in the common usage of that word, but it was not unlawful. The breach of contract claim was dismissed, and the alternative unauthorised deduction from wages claim was also dismissed.