Claimant v Takeover Distribution Limited
Outcome
Individual claims
The tribunal found that both claimants were not employees and/or workers of the first respondent at the relevant time. As a result, the tribunal did not have jurisdiction to determine the holiday pay claim.
The tribunal found that both claimants were not employees of the first respondent at the relevant time, and therefore did not have the necessary employment status to bring a redundancy pay claim. The tribunal did not have jurisdiction.
The breach of contract claim for notice pay failed because the tribunal found that neither claimant was an employee and/or worker of the first respondent at the relevant time, meaning the tribunal lacked jurisdiction to determine the claim.
Facts
Two claimants, Mr C Brown and Mr M Lavery, brought claims against Takeover Distribution Limited (in creditors voluntary liquidation) and the Secretary of State for Business and Trade. The claims concerned holiday pay, redundancy pay and breach of contract for notice pay. The first respondent company was insolvent and did not attend the hearing.
Decision
The tribunal found that neither claimant was an employee and/or worker of the first respondent at the relevant time. As a result, the tribunal had no jurisdiction to determine any of the claims, and all four claims were dismissed in full.
Practical note
Employment status is a jurisdictional prerequisite for bringing claims for holiday pay, redundancy pay and notice pay, and tribunals will dismiss claims where claimants cannot establish they were employees or workers.
Legal authorities cited
Case details
- Case number
- 2403604/2024
- Decision date
- 22 July 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No