Excellerate Services UK Ltd

Case Summary

The claimant brought a claim for breach of contract arising from his dismissal without the respondent following its disciplinary policy and procedure. The tribunal dismissed the claim, finding that the implied terms of the contract cannot override the express terms that the disciplinary policy is non-contractual.

The tribunal found that the express terms of the contract made the disciplinary policy non-contractual, which prevented any implied term requiring the respondent to follow its disciplinary procedure from overriding those express terms.

• •The claimant has brought a complaint of breach of contract relating to the termination of his contract.
• •The basis of the claim is that he was dismissed by the respondent without following their disciplinary policy and procedure.
• •The claimant's argument is that the implied terms of the contract (that is, the implied duty of mutual trust and confidence and the duty to act reasonably) have been breached by the respondent in not following a disciplinary process when dismissing him.

ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001082/2025 Hearing Held by Cloud Video Platform on 14 November 2025 Employment Judge O’Donnell A Zaloga Claimant In Person Excellerate Services UK Limited Respondent Represented by: Ms Newland, representative JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claim of breach of contract is not well-founded and is hereby dismissed. REASONS 1. The claimant has brought a complaint of breach of contract relating to the termination of his contract. 2. The basis of the claim is that he was dismissed by the respondent without following their disciplinary policy and procedure. He alleges that this amounts to a breach of contract. The claim is resisted by the respondent. 3. The relevant facts in this case are relatively straightforward and a matter of agreement between the parties:- 8001082/25 Page 2 a. The claimant transferred to the respondent’s employment from a previous employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006. b. The start date for his employment (including his employment with the previous employer) was 2 December 2024. c. The claimant was dismissed by the respondent on 10 March 2025. d. The claimant was dismissed by the respondent without following their disciplinary policy and procedure. e. The respondent’s disciplinary policy and procedure is non-contractual. 4. The claimant’s argument is that the implied terms of the contract (that is, the implied duty of mutual trust and confidence and the duty to act reasonably) have been breached by the respondent in not following a disciplinary process when dismissing him. 5. The Tribunal was conscious that the claimant was party litigant and may not be aware of the whole of the law related to the…