Mr S Hussey v Signature Medical Limited — 2025

The claimant was employed by the respondent as Head of Business Development from 16 March 2023 until 11 November 2024. His contract provided for a salary of £30,000 and a commission/bonus of up to 5% of the cost of surgery referred via referees/influencers he had recruited. He had been paid commission on all surgery performed up to 11 November 2024 and brought a breach of contract claim for £55,000 in respect of commission he said was due on surgeries performed after termination by referees he had signed up under three-year marketing contracts.

The Tribunal found that the marketing contracts were between the respondent and the referee/influencer only; the claimant was not a party to them and was not bound by their three-year fixed term. There was no express provision in the employment contract entitling him to commission for surgeries performed after the effective date of termination, and the entitlement to commission depended on surgery actually taking place and being paid for, which could not be anticipated. The alleged breach therefore arose, if at all, only after termination.

The Tribunal concluded that the claim did not arise and was not outstanding on the termination of employment for the purposes of article 4(c) of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, and so the Tribunal had no jurisdiction. In the alternative, had it had jurisdiction, it would have found there was no contractual entitlement to post-termination commission and the claim would have been dismissed on the merits. The claim was dismissed.