Mr C Barratt v Network Plus Services Ltd Heard: via Cloud Video Platform in the North East Region — 2024

Mr Barratt was employed by Network Plus Services Ltd from 6 March 2023 to 14 July 2023 as a Quantity Surveyor. His offer letter provided for salary of £52,500, increasing to £55,000 after three months based on performance, and his contract stated that the first 26 weeks of employment were a probationary period during which either party could terminate on one week’s written notice. After satisfactory completion of probation, longer notice applied.

The claim turned on whether a 30 June 2023 letter, headed “Changes to Terms & Conditions – Salary Increase” and referring to a “successful probation”, meant that probation had ended early so that Mr Barratt was entitled to three months’ notice. The tribunal found that the 27 June meeting was about the salary increase, that probation was not discussed, and that Mr Barratt was not told he had passed probation or that probation had ended. The tribunal accepted the respondent’s case that the 30 June letter was about the salary increase and performance, not completion of probation.

The tribunal held that the wording of the letter did not change the contractual probation period and did not amount to an agreement to curtail it. It found that the probationary period remained 26 weeks and that the claimant had interpreted the letter, with hindsight after dismissal, as meaning something it did not mean on an ordinary reading. Applying ordinary principles of contractual interpretation, the tribunal concluded that the respondent had not breached the contract.

The tribunal also found that the dismissal letter of 14 July 2023 was headed “Probationary Review” and stated that the claimant would be paid up to 31 July 2023 inclusive of holidays owed. On the tribunal’s findings, that payment exceeded the one week’s notice due during probation. The claim for breach of contract / wrongful dismissal therefore failed and was dismissed.