Claimant v Bathing Mobility Advisory Service Ltd

The tribunal found no breach of contract by the respondent. The disciplinary process for failing to use the Loyverse app was justified as the claimant persistently refused a reasonable management instruction despite training and support. The delay in bonus payment was not deliberate, and the respondent acted reasonably once the issue was raised. The expenses issue involved no accusation of dishonesty, merely a factual observation that the original claim exceeded the validated amount.

The claimant compared herself to Colin Hogg regarding discipline and Daniel Cameron regarding sick pay. The tribunal found both comparators were in materially different circumstances. Hogg was attempting to use the system and made errors, not refusing to use it. Cameron was injured at work, justifying discretionary full pay. The claimant failed to demonstrate the difference in treatment was because of her sex.

The claimant claimed unpaid commission and expenses. The tribunal found the respondent paid the correct bonus of £14,303.79 once aware of it, and paid validated expenses of £1,308.77. The claimant accepted both amounts as correct. No unlawful deduction was established.