Mr. A. Narimani v Boots Opticians Professional Services Limited Heard by CVP (Watford) — 2023

The claimant accepted an offer in February 2021 for a fixed-term pre-registration optometrist role starting on 25 July 2022. The tribunal found that the contract allowed termination during the three-month probation period by either party on one week’s notice, and rejected the claimant’s argument that termination during probation was only permitted for unsatisfactory performance. It also found there was no express or implied term allowing the respondent to withdraw the offer without notice if a supervisor was unavailable.

The respondent withdrew the offer on 1 February 2022 after concerns arose that the prospective supervisor was unavailable. The tribunal held that the contract was not frustrated and that the withdrawal was an anticipatory breach of contract because the respondent failed to give the one week’s notice required by the contract. It also found that the claimant’s notice-pay claim arose on termination and was within jurisdiction, but that the discount-card issue did not arise at termination because eligibility for that benefit only came after completion of probation.

On remedy, the tribunal found that the claimant had mitigated his loss by taking a higher-paid role with Vision Express and therefore suffered no financial loss in respect of one week’s notice pay and holiday. The claimed travel costs and the claimed loss arising from a longer training period were rejected because they did not flow from the breach and were too remote. The tribunal also rejected reliance on the Gunton extension, finding that the guidance relied on was not contractual and that the reason for termination was not performance, conduct or attendance. Nominal damages of £25 were awarded.