8002337/2025Respondent won

Teleperformance Ltd

v Mr D Wilson

15 April 2026·Employment Tribunal·Scotland·Employment Judge L Wiseman

Respondent

Teleperformance Ltd

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Decision date

15 April 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge L Wiseman

Case Summary

The claimant claimed breach of contract after receiving a conditional offer of employment which was not fulfilled. The tribunal found no contract of employment existed because the claimant failed to complete the required background vetting checks that were express conditions of the offer. The claim was dismissed as a result.

Why this outcome?

Claim not well-founded

The tribunal found that the offer of employment was expressly conditional upon successful completion of background vetting checks by specified deadlines. The claimant did not complete all required checks and therefore the conditions precedent to the contract were never satisfied, meaning no valid contract of employment was ever formed. Consequently, there could be no breach of contract.

Key Issues

  • Whether a valid contract of employment existed between the parties
  • Whether the offer of employment was conditional on completion of background vetting checks
  • Whether the claimant completed the required conditions precedent to employment

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:8002337/2025 Heardby CVPin Glasgow on 31March 2026 Employment JudgeL Wiseman Mr D Wilson Claimant In person Teleperformance LtdRespondent Represented by: Ms L Clements, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided to dismiss the claim. REASONS 1.The claimant presented a claim to the Employment Tribunal in which he complained of a breach of contract and sought payment of damages. 2.The respondent entered a Response in which it denied there had been a contract in place between the parties in circumstances where a conditional offer of employment had been made and the claimant had not fulfilled the conditions. 3.I heard evidence from the claimant and from Ms Claire Thomas, Recruitment Business Partner. The tribunal was also referred to a number of documents. The tribunal, on the basis of the evidence before it, made the following material findings of fact. These are findings of fact which are material to the legal issues to be determined by the tribunal. Findings of fact 4.The respondent is an outsourced global business. The respondent placed an advert in July 2025 seeking to recruit customer advisors for one of their 8002337/2025Page2 banking clients. The claimant carried out an online assessment, following which he received an email stating he had been successful. 5.The claimant received a letter (page 110) making a formal offer of employment with the respondent. The letter included (second paragraph in bold lettering) a paragraph stating: “Please note this offer of employment is conditional upon successful completion of the background vetting process as outlined in sections 5.0, 6.0 and 7.0 in this offer letter. All required steps need to be completed in full by the deadline provided by the Talent Acquisition team. Failure to complete steps as required by the deadline date or unsatisfactory vetting results, can result in your start date being delayed or

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