Mrs S Lightfoot-Webber First v Lawcommercial Trading Ltd t/a Lawcomm Solicitors Second Respondent: Lawcommercial Services Limited — 2023

The Claimant was employed by the Second Respondent from September 2017 and the tribunal found that her employment transferred under TUPE to the First Respondent between 29 January 2021 and 12 February 2021. Because the transfer had taken place, all claims against the Second Respondent were dismissed. The tribunal also found that the First Respondent did not provide a compliant written statement of change after the transfer, although the claimed changes in April 2021 to remuneration, title, benefits and training were sufficiently recorded in writing by email on 12 April 2021.

The tribunal accepted that the Q1 2022 bonus scheme had contractual effect. It found that the Respondent could alter or revoke the scheme before a quarter started, but not part-way through a quarter once the Claimant had begun work in reliance on it. The attempt to change the basis of calculation in February 2022 was therefore ineffective. On the tribunal's findings the Claimant was entitled to a bonus calculated at 33% of billing over target for Q1 2022, which it quantified at £7,035.75, and the failure to pay on 29 April 2022 was a breach of contract. The separate unlawful deduction from wages claim failed because that complaint was presented out of time and it was reasonably practicable to bring it within the limitation period.