(1) MR EDMOND BARROW (2) MR JOSEPH PERKINS (3) MR KEVIN CLUSKER (4) MR FITZLLOYD COOPER (5) MR MICHAEL BRESLIN v MEARS Ltd Heard by CVP — 2021

These joined claims concerned unpaid bonuses following successive transfers from London Borough of Lambeth through Team Lambeth, AWG/Morrison, Apollo/Keepmoat and then Mears. The tribunal held that the clause in the Lambeth particulars stating that weekly pay was supplemented by bonus payments was void for lack of certainty because there was no mechanism for calculating the bonus, no basis on which it was assessed, and no incorporated policy or scheme setting out how it worked. On that basis, the tribunal found there was no enforceable contractual entitlement to a bonus.

The tribunal then considered TUPE and the later changes to remuneration. It found that when Morrison had the whole Lambeth contract the claimants were not assigned to organised geographical groupings, so the April 2011 transfer to Apollo did not transfer any bonus entitlement under TUPE. It also found that the 2011 move to an NEC3 target-cost contract with bespoke schedule-of-rates arrangements materially changed the remuneration structure, and that the absence of bonus payments after 2011 was not because of the transfer itself. The tribunal further found that the claimants had not shown that they were regularly protesting about the missing bonus, and that they continued working and accepting wages, so any breach would in any event have been affirmed.

On time limits, Mr Perkins and Mr Breslin's unlawful deduction claims were out of time and the tribunal was not satisfied that it was not reasonably practicable to present them earlier. Mr Breslin's breach of contract claim was also out of time. Mr Barrow, Mr Cooper and Mr Clusker were in time on the deductions claim, and Mr Perkins and Mr Clusker were in time on the breach claim, but all remaining claims were dismissed on the merits. No compensation was awarded.