Mr. J Pot v Hot Cakes Artists and Events Ltd — 2024

The claimant brought a breach of contract claim for unpaid notice pay and loss of accrued annual leave. The tribunal heard evidence from the claimant and from Mr Child, and refused the respondents' applications to add further evidence, amend the grounds of resistance, and postpone the hearing.

The tribunal found that the claimant worked as a senior logistics manager from 1 September 2023 to 29 March 2024. He was given one week's notice on 22 March 2024 and was paid one week's notice pay. Under the contract, there was no contractual notice entitlement during the probationary period; otherwise, two months' notice was payable. There was a dispute about an early January 2024 conversation in which the probationary period was extended. The tribunal accepted Mr Child's evidence that the extension was for three months from the date of that meeting, rather than three months from 1 December.

On that basis, the tribunal found that the probationary period did not end until early April 2024. The claimant was therefore still in probation when dismissed on 29 March 2024 and was not entitled to two months' notice. The breach of contract claim was dismissed, and no monetary award was made.