Mrs C McRobbie v Enghouse Interactive UK Limited — 2021

Mrs McRobbie brought a claim for unauthorised deduction from wages arising from the Respondent's failure to pay her contractual MBO bonus of £1,588 for the October to December 2019 quarter. The Tribunal noted that the Respondent did not appear at the CVP hearing, and it proceeded in its absence after being satisfied that notice had been given.

The Tribunal found that the Claimant had been employed from 1 July 2010, that her employment transferred from Eptica UK Ltd to the Respondent in around October 2019, and that her contract included a salary plus a performance-related bonus. It accepted that she completed all of her tasks and that the 2019 Target Agreement, signed by the Claimant and her manager on 9 January 2020, confirmed 100% achievement for the relevant quarter.

The Tribunal found that the bonus fell due on 31 January 2020 but was not included in the Claimant's final pay. A letter from the Respondent's HR manager dated 12 February 2020 confirmed that the bonus would be paid on 26 February 2020, but no payment was made and the sum remained outstanding. Applying the statutory provisions on unauthorised deductions from wages and deciding disputed facts on the balance of probabilities, the Tribunal held that the £1,588 bonus was properly payable by the Respondent and ordered it to pay that gross sum.