Claimant v Octavian Facilities Management Limited

Outcome

Facts

The claimant was employed as Assistant Operations Manager from 20 March 2023 with a six-month probationary period. His contract provided for one week's notice during probation, but three months' notice after passing probation. The claimant was told he had passed his probation in September 2023. The respondent dismissed him with one week's payment in lieu of notice on 10 October 2023, claiming he had failed to upload documents to SharePoint and had lied about having them ready. The key issue was whether the claimant had passed his probation and was therefore entitled to three months' notice.

Decision

The tribunal found in favour of the claimant. There was no clear evidence that the probationary period had been extended beyond the initial six months. The only witness for the respondent had not been present at the relevant conversations, and the person who had told the claimant he passed his probation did not give evidence. The claimant was therefore entitled to three months' notice, having only received one week's payment. The tribunal awarded damages of £6,146.25 representing 11 weeks' net pay.

Practical note

Award breakdown

Legal authorities cited