Miss Sophie Ashley v Grayfords Law Limited — 2024

Miss Sophie Ashley was employed by Grayfords Law Limited from 17 August 2021 to 17 February 2023. The dispute centred on whether Grayfords was contractually bound to pay her SQE-related costs without a retention requirement. The tribunal held that the signed 11 October 2021 letter was not a binding contract for all the terms later asserted by the claimant, because key matters were left open, including the length of any retention period, the level of any salary rise on qualification, and the terms of any early exit with repayment. It found that the arrangement was an agreement to agree rather than an enforceable contract.

The tribunal did not accept that an oral agreement made in October 2022 varied the position so that SQE fees would be paid regardless of a retention commitment. It preferred the contemporaneous documents and the evidence around the 15 November 2022 meeting, including the claimant's recorded statement that she had assumed everything was already agreed. On that basis, the claimant's breach of contract claim for SQE examination fees was dismissed. The tribunal also recorded that, even if the 11 October 2021 agreement had been binding, there would have been no breach because the claimant resigned before qualifying and therefore did not remain at the firm for the post-qualification period.

The respondent's counterclaim for £1,690 in QLTS course fees was also dismissed. The 15 September 2022 letter referred to a future retention arrangement and repayment provisions, but the claimant did not agree to those terms and no new employment contract was ever concluded requiring repayment of the QLTS fee. By contrast, the respondent's counterclaim for the office key fob succeeded. Clause 26.1 required return of firm property on termination or on reasonable request, the claimant did not return the fob, and the respondent proved £42 in replacement cost. The tribunal therefore ordered the claimant to pay £42 damages to the respondent.