In person For the v Ms L Puica (company owner) — 2023

The claimant was employed from 1 February 2022 to 30 November 2022. His contract provided for a six-month probationary period, capable of extension by up to a further six months, with termination during probation on five working days' notice and, after successful completion of probation, on 90 calendar days' notice. The respondent said his performance was poor, that his probation had been extended, and that he was only owed one week's notice pay. The claimant said he had never been told that probation was extended or that he had failed it.

The tribunal found that the claimant was never told that his probation period had been extended at the June 2022 Board meeting or at any other time. It said that if the extension had been decided upon, it would have been recorded in the Apple note and Board minutes, and that an extension had to be communicated to the employee. The tribunal also found that the claimant had not been told that probation would only be passed when confirmed in writing, and that any handbook point did not assist the respondent because he had never been given access to it.

On that basis, the tribunal concluded that the claimant had passed probation and was contractually entitled to 90 days' notice of dismissal. He was given notice on 16 November 2022 and his employment ended on 30 November 2022, so he was entitled to a further 75 days' pay in lieu of notice. The tribunal calculated this by reference to his net earnings at a daily rate of £176.72, producing an award of £13,254.

The tribunal held that the same sum fell due both as a breach of contract and as an unlawful deduction from wages. The claimant did not proceed with his claim for unpaid expenses.