Claimant v Moss and Coleman Solicitors Limited
Outcome
Individual claims
The tribunal found that the claimant's contractual bonus was due as wages under section 13 ERA 1996. The respondent failed to provide evidence to contradict the claimant's calculation of fees billed and recovered in 2024. The tribunal rejected the respondent's various defences including retrospective adjustments to billing, training cost deductions, and ongoing uncertainty. The bonus should have been calculated and paid by end of January 2025, with the claimant entitled to £9,160.20, less the £4,500 interim payment already made.
Facts
The claimant was a solicitor employed from December 2020 to January 2025 on a contract providing for a 10% bonus on fees billed and recovered above a target of 3x salary. He exceeded his target in 2024, billing £260,352 against a target of £168,750. The respondent paid £4,500 as an interim payment in January 2025 but refused to pay the balance, citing various concerns including a problematic probate case (Stalley), potential future billing adjustments, training cost deductions, and uncertainty about whether all fees had actually been recovered. The claimant resigned with three months' notice in October 2024 and left in January 2025.
Decision
The tribunal found in favour of the claimant, ordering payment of the outstanding £4,660.20 (gross) bonus balance. The judge rejected the respondent's arguments as post-hoc excuses, many raised only after the claim was filed. The tribunal held that the bonus calculation should have been completed by end of January 2025 based on fees billed and recovered in 2024, consistent with how the respondent had previously calculated the claimant's 2022 bonus. The respondent failed to provide evidence contradicting the claimant's figures and could not rely on retrospective billing reversals, speculative future adjustments, or training cost deductions from the bonus.
Practical note
Employers cannot avoid paying contractual bonuses by raising post-hoc objections, retrospectively adjusting billing, or claiming ongoing uncertainty; where the contract provides for a year-end bonus calculation, it must be performed promptly using the figures available at that time.
Award breakdown
Award equivalent: 4.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3200748/2025
- Decision date
- 7 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- in house
Employment details
- Salary band
- £50,000–£60,000
- Service
- 4 years
Claimant representation
- Represented
- No