Claimant v Excellerate Services UK Limited
Outcome
Individual claims
The tribunal held that implied terms cannot override express contractual terms. The respondent's disciplinary policy was expressly non-contractual. Following Johnson v Unisys Ltd, the implied duty of mutual trust and confidence cannot be used to create a contractual remedy for the manner of dismissal, as this would circumvent Parliament's statutory scheme for unfair dismissal which requires two years' service.
Facts
The claimant transferred to the respondent under TUPE on 2 December 2024 and was dismissed on 10 March 2025, giving him only 3 months' service. The respondent dismissed him without following their disciplinary policy, but that policy was expressly stated to be non-contractual. The claimant, representing himself, argued that implied contractual terms (mutual trust and confidence, duty to act reasonably) required the respondent to follow the disciplinary procedure.
Decision
The tribunal dismissed the claim, applying the House of Lords decision in Johnson v Unisys Ltd. The tribunal held that implied terms cannot override express contractual terms, and the courts cannot create a contractual remedy for the manner of dismissal as this would circumvent Parliament's statutory unfair dismissal scheme which requires two years' qualifying service.
Practical note
Claimants with less than two years' service cannot use breach of contract claims based on implied terms to circumvent the statutory qualifying period for unfair dismissal claims.
Legal authorities cited
Statutes
Case details
- Case number
- 8001082/2025
- Decision date
- 24 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 3 months
Claimant representation
- Represented
- No