Probation dismissal for poor performance: no breach of contract despite lack of written policies
A venue stylist dismissed during probation for poor performance failed to prove wrongful dismissal. The tribunal found no breach of contract even though the employer had no written disciplinary or grievance policies.
1 min read · Last updated 18 May 2026
Case details
- #wrongful-dismissal
- #breach-of-contract
- #probation
- #poor-performance
- #no-written-policies
- #acas-code
Key facts
- The claimant was employed as a venue stylist/stationery assistant from 29 March 2022 to 23 August 2022.
- The claimant was dismissed during her probation period for poor performance.
- The respondent had no written disciplinary or grievance policies in place.
- The claimant was paid in lieu of notice.
- The claimant's application to amend her claim to include lack of notice was refused.
- The tribunal found no breach of contract by the respondent.
Timeline
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Employment started
Claimant began employment as a venue stylist/stationery assistant.
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Suspension meeting
Claimant was informed of suspension pending investigation and a further meeting on 23 August.
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Invitation to dismissal meeting
Respondent sent letter inviting claimant to a meeting on 23 August, warning of possible dismissal due to poor performance.
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Claimant requested more time
Claimant replied requesting more time to prepare and copies of policies.
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Dismissal meeting
Meeting held; claimant dismissed with immediate effect for poor performance, paid in lieu of notice.
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Dismissal confirmed in writing
Respondent sent letter confirming dismissal and reasons.
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Appeal hearing
Claimant's appeal against dismissal was heard and not upheld.
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Early conciliation started
Claimant commenced early conciliation.
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Early conciliation certificate issued
Certificate issued.
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Claim filed
Claimant filed a claim for wrongful dismissal.
The legal issue
Whether the employer breached the employment contract by dismissing the employee without following proper procedures or providing written policies, and whether the employee was entitled to damages for wrongful dismissal.
The outcome
The tribunal dismissed the claim for wrongful dismissal. The key reasons were:
- The employer had the contractual right to dismiss during the probation period for poor performance.
- The employer followed a basic process: a suspension meeting, a dismissal meeting, and an appeal.
- The lack of written policies did not amount to a breach of contract because the employer still acted reasonably in the circumstances.
- The employee's application to amend her claim to include lack of notice was refused as it was raised too late and would prejudice the employer.
No compensation was awarded.
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal, but may still claim wrongful dismissal if the contract is breached.
- Employers should have clear written policies, but their absence does not automatically make a dismissal wrongful if the process is otherwise fair.
- Probation periods give employers more flexibility to dismiss for performance issues, provided they follow any contractual terms.
- If you want to add a new claim late in proceedings, you may need permission from the tribunal, which is not guaranteed.
This case shows that even when an employer lacks formal written policies, a dismissal during probation for poor performance can still be lawful. The venue stylist had only five months' service and was dismissed after a short process: a suspension, a meeting, and an appeal. The tribunal found no breach of contract because the employer acted within its contractual rights.
What the employer did right
Although Flossie's Wedding Limited had no written disciplinary or grievance procedures, it still gave the employee notice of the concerns, held a meeting, and allowed an appeal. The tribunal accepted that this was sufficient for a probation dismissal. The employee was also paid in lieu of notice, which satisfied the contractual notice requirement.
What the employee could not prove
The employee argued that the lack of written policies and failure to follow proper processes amounted to a breach of contract. However, the tribunal noted that the contract did not require specific procedures beyond what was done. The employee also tried to add a claim about not receiving notice at the hearing, but this was refused as it was a new allegation raised too late.
Why this matters
For employees on probation, the key is to check what the contract says about dismissal. Without a contractual promise of a particular process, employers have more leeway. For employers, having written policies is still good practice, but their absence is not fatal if the dismissal is otherwise fair and within contractual terms.
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