Probation dismissal: why the Verton claim was struck out

Reported facts

Ms U Verton worked for Trenitalia C2C for four months of a six-month probation. Employment ended with a month’s payment in lieu of notice. The dispute included whether the procedure and contractual notice gave her a viable claim.

Published outcome

The tribunal struck out the claim as having no reasonable prospect of success: the probation notice provision was met and the disciplinary procedure was not contractual. It refused the employer’s application for costs. The summary below explains the decision.

Limits when comparing your own situation

This is a 2021 first-instance decision about its contract and claim. It does not mean people on probation have no rights. Do not apply historical service requirements as current rules; distinguish notice, discrimination and dismissal claims and check current Acas guidance.

Questions to prepare for your own situation

• Which notice clause applies during probation, and what was paid?
• Is the procedure contractual, and what legal claim is actually being raised?
• What current eligibility and deadline apply on my decision date?

These preparation questions are our editorial guidance, not findings in the original case.