Princess Alexandra Hospital NHS Trust
Case Summary
The claimant was employed by the respondent between 2 December 2024 and 14 May 2025 when her contract was terminated during her probationary period. She claimed the respondent acted in breach of contract, contending the respondent's Probationary Period Policy and Procedure formed part of her contract. The tribunal found that while the relevant part of the policy governing termination was incorporated into the contract, the remainder of the policy was not.
Key Issues
- •Was the respondent's probationary policy contractual?
- •Did the respondent breach it in the timing and manner of the claimant's dismissal?
- •Was the respondent contractually entitled to dismiss the claimant with one week's notice?
Claim Types
Decision Text
1 EMPLOYMENT TRIBUNALS Claimant: Mrs E Etuk Respondent: Princess Alexandra Hospital NHS Trust Heard at: London East Hearing Centre (by video) On: 25 February 2026 Before: Employment Judge Bradford Representation Claimant: Ms A Goh, FRU Representative Respondent: Mr L Nacif, Counsel JUDGMENT 1. The Claimant’s complaint of unfair dismissal brought under Part X Employment Rights Act 1996 is dismissed on withdrawal. 2. The Claimant’s complaint of wrongful dismissal is dismissed. The Respondent did not breach the Claimant’s contract of employment in the timing or manner of dismissal. REASONS 1. The Claimant, Mrs Etuk, was employed by the Respondent between 2 December 2024 and 14 May 2025 when her contract was terminated during her probationary period. She claims that in doing so the Respondent acted in breach of contract. She accepts that the contract provided for termination by either party on giving one week’s notice and that she was given one week’s notice. However, she contends that the Respondent’s Probationary Period Policy and Procedure (‘the Policy’) formed part of her contract, and that asserted breaches of this were also breaches of contract. 2 2. The Respondent disputes that the Policy formed part of the Claimant’s contract of employment, but in the event that the Tribunal finds otherwise, it contends that the Policy was complied with and there was no breach of contract. 3. I heard evidence from the Claimant. She disputed that some of the meetings during the probationary period took place, specifically: • 18 December 2024 – the Claimant accepts that the meeting was arranged by email, but says Sandra Murphy, Ward Manager, was not present on the ward that day. Within the hearing bundle there is an email exchange between Ms Murphy and the Matron, Michelle Lynch, on 18 December, in which Ms Murphy asks Ms ...
Employer
Case Details
- Case Number
- 6032044/2025
- Decision Date
- 25/02/2026
- Published
- 01/04/2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bradford