Mr A. CARABIN v Calypso Technology Limited — 2021

Mr Carabin brought a breach of contract claim for notice pay and a separate claim for £120 expenses. The tribunal found that his contract, dated 23 April 2020, stated a commencement date of 26 June 2020, but he was told shortly before starting to begin on Monday 29 June 2020. His first day at work was 29 June 2020, and he was paid from that date.

Construing clause 7.1, the tribunal held that "the date of joining the Company" meant the date he actually started work, not the earlier contractual commencement date. Applying the corresponding date rule, the initial three-month probationary period expired on 29 September 2020. The respondent extended probation in writing on 29 September 2020, before expiry, so the extension complied with the contract.

The tribunal also held that the two-week notice provision in clause 7.1 applied throughout the probationary period, including any extension. It rejected the submission that a term should be implied requiring reasonable justification before probation could be extended, finding no legal basis for that implication. On that construction, when the respondent dismissed the claimant on 16 November 2020, he was still on probation and had been given the correct two weeks' notice, so the breach of contract claim failed.

In the alternative, if the start date in clause 1.1 had to be treated as 26 June 2020, the tribunal found it had been varied to 29 June 2020 by agreement or by conduct. The expenses claim did not proceed to a merits determination because the respondent had already paid £80 and agreed to pay the remaining £40, and the claimant withdrew that claim.