Mr B Sklinidjis v Commercial Processing Centre Limited — 2020

The claimant, Mr B Sklinidjis, was employed by Commercial Processing Centre Limited as a Mortgage Adviser from 23 July 2018 until the effective date of termination on 1 July 2019. The contract provided for one month’s notice or one month’s pay in lieu of notice. The tribunal found that the respondent terminated the employment because of issues relating to the claimant’s perceived performance at work.

The claimant accepted that he received one month’s pay in lieu of notice and that no other sums were due to him, including accrued holiday pay. He initially said that his dismissal was unfair and that the respondent should have followed a disciplinary procedure before dismissing him, but he was reminded that he did not have two years’ continuous service and therefore could not pursue an unfair dismissal claim. The tribunal also pointed to the handbook clause stating that the respondent reserved the right to vary any disciplinary procedure depending on the circumstances and the employee’s length of service.

On that basis, the tribunal held that there was no basis for the breach of contract claim and dismissed it. The respondent’s application for costs was refused. Although the judge accepted that the claim had no reasonable prospect of success, the claimant’s financial circumstances meant he had no ability to meet a costs order: he had no income from his mortgage broker business, no savings or other assets, and liabilities including a credit card debt of about £12,000, a mortgage, and a car loan. The tribunal also noted that the respondent’s defence costs were covered by its arrangement with Citation and that it had not incurred costs in defending the proceedings.