The Claimant was dismissed by the Respondent when he failed to pass his three-month probation period. Under his contract, he was entitled to one week's notice and that was paid to him in lieu. The Claimant lodged a claim in the ET complaining of breach of contract, on the basis that he had not been given the necessary support and training. The ET did not consider it necessary to hold a full hearing and proceeded to strike out the Claimant's claim as having no reasonable prospect of success. The Claimant appealed, setting out the various ways in which he claimed that the Respondent failed to provide him with the support and training that he needed to do his job effectively.

The EAT held that there was no error of law in the ET's decision, since either the Claimant's claim related to his dismissal (in which case he could neither claim greater notice than he had been paid nor complain of the manner of the dismissal) or it related to an earlier stage in his employment (in which case he could demonstrate no loss).