Claimant v Sisaltech Ltd
Outcome
Individual claims
Claimant confirmed he was not pursuing unfair dismissal because he did not have the requisite two years' service with the respondent.
Tribunal found no breach of contract as the disciplinary policy was expressly non-contractual. The respondent gave and paid one month's notice as required by contract. The only technical breach was that notice was given verbally rather than in writing, but the claimant was paid in full so suffered no loss.
Claimant argued breach of implied term of trust and confidence regarding manner of dismissal. Tribunal applied the 'Johnson exclusion' principle confirmed in multiple Supreme Court cases, holding that the implied term of trust and confidence does not apply to the manner of dismissal, which is governed by unfair dismissal law requiring two years' service.
Facts
The claimant was employed as a marketing executive from September 2023. In May 2025, after performance concerns were raised by a new corporate marketing officer, the respondent's CEO telephoned the claimant to dismiss him, giving one month's notice which was paid in full. The claimant had fewer than two years' service. The contract referenced a disciplinary policy but stated it was non-contractual; no such policy actually existed. The claimant was replaced by another marketing executive.
Decision
The tribunal dismissed all claims. The unfair dismissal claim was withdrawn due to insufficient service. The wrongful dismissal and breach of contract claims failed because: (1) any disciplinary policy was expressly non-contractual; (2) the respondent gave and paid the required one month's notice; and (3) applying the 'Johnson exclusion' principle from Supreme Court authorities, the implied term of trust and confidence does not apply to the manner of dismissal, which is governed by the statutory unfair dismissal regime.
Practical note
Even where an employer dismisses summarily without following any procedure and replaces the employee, if they lack two years' service and receive proper notice pay, the 'Johnson exclusion' prevents recovery of damages for unfair manner of dismissal through common law breach of contract claims.
Legal authorities cited
Statutes
Case details
- Case number
- 8001459/2025
- Decision date
- 11 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Sisaltech Ltd
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Marketing Executive
- Service
- 2 years
Claimant representation
- Represented
- No