Simon Cocking v BFS Group Limited — 2024

Simon Cocking was employed by BFS Group Limited as General Manager of its Chepstow depot from 19 June 2023 until his dismissal on 31 December 2023. The dispute concerned his probationary status, the contractual notice provisions, and whether he had been paid enough in lieu of notice. The tribunal recorded that his performance reviews became more concerning from week 15 onwards, and that Mr Dow also had concerns about attendance on site, evening calls, a possible confidentiality issue, and reported staff concerns.

The tribunal accepted that the probation meeting took place on 18 December 2023 and that Mr Cocking was told he had not passed probation and that his employment would end. It found that, under the contract, because he had not been told that he had successfully completed probation, he remained within the probationary notice provision in clause 13. On that basis he was entitled to one week’s notice, but the respondent actually paid him three weeks’ pay in lieu of notice.

The tribunal rejected the argument that the respondent acted in bad faith or capriciously in deciding not to pass probation. It accepted Mr Dow’s evidence that he wanted the appointment to succeed and had genuine concerns about performance. The tribunal also noted that this was not an unfair dismissal claim, so it did not need to consider the band of reasonableness. Both the breach of contract claim and the unauthorised deduction from wages claim were dismissed.