Devlin v Randox Ltd [2011] NIIT 01824_11IT (07 December 2011)

Devlin v Randox Ltd [2011] NIIT 01824_11IT (07 December 2011)

The claimant's contract allowed either party to terminate without notice within the first month, and did not require specific training. Therefore, there was no breach and the claim had no reasonable prospect of success.

Citation
[2011] NIIT 01824_11IT
Parties
Claimant: Danielle Devlin; Respondent: Randox Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 December 2011
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim struck out
Legal Topics
Breach of Contract, Summary Dismissal, Notice Period, Probationary Period
Employment Law Breach of Contract Summary Dismissal Notice Period Probationary Period

Case Brief

Summary, issues, holding and outcome

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Parties

Danielle Devlin

Claimant

Randox Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant's claim for breach of contract should be struck out as misconceived with no reasonable prospect of success
  2. 2 Whether the claimant's contract required specific training and/or restricted termination during the training period

Ratio Decidendi

The claimant's contract allowed either party to terminate without notice within the first month, and did not require specific training. Therefore, there was no breach and the claim had no reasonable prospect of success.

Court Disposition

Claim struck out

Orders

  • The claimant’s claim for breach of contract is struck out as misconceived with no reasonable prospect of success.