Franchise manager dismissed during probation wins £346 for unpaid notice
A Greggs franchise manager with six months' service was wrongfully dismissed when his employer failed to pay one week's notice. He was awarded £346 but his other claims – including race discrimination – were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Greggs Franchise Manager from 13 June to 6 December 2019.
- He was summarily dismissed for failing to complete his six-month probationary period satisfactorily.
- The tribunal found the claimant did not refuse to work more than 48 hours per week.
- The claimant's race discrimination and harassment claims were dismissed due to lack of evidence.
- The respondent failed to pay the claimant one week's notice pay, resulting in a wrongful dismissal award of £346.
- The claimant's grievance letter was not submitted to the respondent as directed.
Timeline
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Employment started
Claimant commenced employment as Greggs Franchise Manager at Ramshill, Petersfield, contracted to work 44 hours per week.
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Alleged racist remark
Claimant alleged that Mr Chogugudza referred to him as a 'Paki bastard', but the tribunal found the claim unsupported.
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Claimant refused to work at other stores
Claimant informed Mr Chogugudza he was not prepared to work at other stores; after this date he was not asked to do so.
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Incident at Ramshill store
An auditor reported smelling alcohol on claimant's breath; later Mr Chogugudza and Ms Olah attended, leading to a confrontation and police being called.
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Phone call with Mr Alvarez
Mr Alvarez called claimant to arrange a fact-finding meeting for the next day; claimant mentioned a grievance.
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Dismissal meeting
Meeting with Mr Alvarez and Mrs Parker; claimant was dismissed for failing probation, with a letter handed to him.
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Apology email to Mr Chogugudza
Claimant sent an email apologizing for his actions on 4 December.
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Appeal request
Claimant emailed Mr Chogugudza seeking to appeal the dismissal; informed no appeal route existed for probation failure.
The legal issue
The tribunal had to decide whether the claimant was wrongfully dismissed because he was not paid his contractual notice, and whether his dismissal was automatically unfair for refusing to work over 48 hours a week, or amounted to race discrimination or victimisation.
The outcome
The tribunal upheld the claimant's wrongful dismissal claim but dismissed all other claims.
- The claimant was awarded £346 for one week's unpaid notice.
- The tribunal found no evidence that the claimant was dismissed for refusing to work more than 48 hours a week, nor that he was subjected to race discrimination or harassment.
- The claimant's grievance letter was not submitted to the respondent as directed, and the tribunal rejected the claim that he was victimised for raising a grievance.
Lessons & takeaways
- Even short-service employees are entitled to their contractual notice pay – failing to pay it is a breach of contract that can lead to a wrongful dismissal award.
- Probationary dismissals for capability are lawful, but employers must still follow a fair process and pay any notice owed.
- Race discrimination claims require solid evidence – unsubstantiated allegations, especially those not raised at the time, are unlikely to succeed.
- Employees who refuse to work overtime must clearly communicate their objection and ensure it is documented to support a claim for automatic unfair dismissal.
This case shows that even a short-service employee can win a modest award when an employer fails to pay contractual notice. The claimant, a Greggs franchise manager, was dismissed during his six-month probationary period for not meeting performance standards. While the dismissal itself was not found to be unfair, the employer's failure to pay one week's notice pay was a clear breach of contract, resulting in a £346 award.
The tribunal rejected the claimant's more serious allegations. He claimed he was dismissed for refusing to work more than 48 hours a week, but the evidence showed he had not actually refused – he had simply said he was not prepared to work at other stores. His race discrimination and harassment claims also failed, as the tribunal found no credible evidence to support the alleged racist remark or the events of 4 December 2019.
What the employer could have done differently
Euro Garages Ltd could have avoided the wrongful dismissal claim simply by paying the claimant his contractual notice. The dismissal for probation failure was within their rights, but the failure to follow through on the notice payment was a basic administrative error that cost them time and money.
Why this matters for similar claims
For employees with less than two years' service, unfair dismissal claims are generally not available. However, wrongful dismissal – a claim for breach of contract – is not subject to that service requirement. This case is a reminder that employers must honour contractual notice periods, even when dismissing a probationary employee. For employees, it highlights the importance of keeping records of any refusal to work overtime and raising grievances promptly and in writing.
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