Mr J Robertson v Represented by: Mr R Lawson - Solicitor Mr B Adamson Mr J Gouck Mr F McLeod Mr D Murray Alexander Dennis Ltd — 2020

The claimants said they had accepted offers of employment with Alexander Dennis Ltd, with a start date first set for 5 August 2019 and then varied to 16 September 2019. The respondent then wrote on 9 August 2019 to withdraw the offers. The hearing before Employment Judge L Wiseman was limited to the respondent's application to strike out the breach of contract claims.

The tribunal held that, for the purposes of strike out, there was a reasonable prospect of the claimants showing a breach of contract. It found that once the claimants had accepted the offer and were due to commence employment on 16 September 2019, the contract was binding and the employer could not unilaterally withdraw the offer. The tribunal also considered that the contractual notice wording relied on by the respondent referred to the probationary period, and that period had not yet started.

On damages, the tribunal identified a live factual dispute about whether any loss flowed from the alleged breach, including whether the claimants lost the opportunity to look for alternative employment during the period before 9 August 2019 and whether any mitigation issues arose. Because that issue required evidence, it was not appropriate to strike out the claims. The tribunal refused the strike out application and directed a further telephone conference about listing the case for a one day hearing, including whether it could proceed remotely. It also confined the hearing to strike out because the claimants had not had 14 days' notice of a deposit-order issue and the tribunal had no information about their ability to pay a deposit.