Miss Camille Grassick v Grant Thornton LLP — 2021

Miss Camille Grassick was employed by Grant Thornton UK LLP from 21 August 2017 to 21 August 2020. The tribunal granted her late amendment to add the January 2021 repayment complaint, applying Selkent Bus Co Ltd v Moore, because the issue had only arisen after the claim was presented, the respondent had prepared to meet it, and there was no prejudice.

On the bonus complaint, the tribunal found that the respondent first declared a bonus on 15 July 2020, when Patrick O'Brien told the claimant that her bonus would be £2,750 and would be paid in the September 2020 payroll. That declaration remained subject to clause 6 of the claimant's contract, including clause 6.3, and the claimant was not employed on the September payment date. The tribunal held that there had been no bonus declaration in April 2020, so no entitlement had arisen then. It further held that, although the declared bonus could amount to wages within section 27 of the ERA 1996, there was no sum properly payable in September and the non-payment was authorised by the written contract. The bonus complaint was dismissed.

On the May and June 2020 20% pay reduction complaint, the tribunal found that the claimant had agreed in writing to a temporary reduction in hours and pay and that the written variation was an entire agreement for that period. It rejected the claimant's evidence that any repayment had been promised if performance improved, finding at most a hope or aspiration and no contractual obligation to repay. The tribunal found that the later repayment announced by the CEO on 11 December 2020, and paid in January 2021, was gratuitous and only available to employees still employed on 11 December 2020. Because the claimant had left before then, she was not paid. The tribunal held that the sum claimed was not wages within section 27 of the ERA 1996 because it was not consideration for work done and no unlawful deduction arose. Both complaints were dismissed and no payment was ordered.