Claimant v Churchill Contract Services

The tribunal found the dismissal was for the potentially fair reason that the claimant could not continue to work in the position without contravention of Working Time Regulations (WTR Reg 6(1)). The dismissal was also barred by common law illegality because the claimant knowingly concealed her second full-time job in breach of night worker restrictions, and enforcement would be contrary to public policy protecting health and safety.

The tribunal determined the claimant was not dismissed by reason of redundancy. The respondent had achieved necessary workforce reductions through voluntary redundancy. The claimant did not apply for voluntary redundancy and was not at risk of redundancy when dismissed. The reason for dismissal was breach of Working Time Regulations, not redundancy.

The tribunal held that common law illegality prevented the claimant from enforcing the contract to recover pay during her suspension. The claimant deliberately concealed her dual employment in breach of WTR Reg 6(1), which prohibits night workers from exceeding 8 hours average in 24 hours. The respondent acted reasonably by suspending the lower-paid contract to ensure legal compliance.

The tribunal found common law illegality prevented the claimant from claiming notice pay. The claimant could not lawfully work her notice period without breaching WTR Reg 6(1). The contract was illegal from inception due to her pre-existing Deutsche Bank employment. The claimant had deliberately concealed her working arrangements and refused to accept part-time hours that would have complied with the regulations.