Claimant v Entrust Support Services Ltd
Outcome
Individual claims
The tribunal found it had no jurisdiction to hear the claim because the breach of contract claim relating to enhanced redundancy payment was not arising or outstanding on termination of employment, as required under the Employment Tribunals Extension of Jurisdiction Order 1994. The claim was therefore dismissed for lack of jurisdiction.
Facts
Mr Higgins brought a breach of contract claim against Entrust Support Services Ltd concerning an enhanced redundancy payment under the Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations 2006. The hearing was converted from a final hearing to a preliminary hearing under Rule 48 to determine jurisdictional issues. The tribunal had to decide whether it had jurisdiction to hear the contractual claim.
Decision
The tribunal found it had no jurisdiction to hear the claim. While assuming the enhanced redundancy payment was contractual and not ultra vires, the tribunal concluded the breach of contract claim was not arising or outstanding on termination of employment as required by the Extension of Jurisdiction Order 1994. The claim was dismissed.
Practical note
Contract claims in the employment tribunal must be arising or outstanding at the point of termination; claims relating to enhanced redundancy payments that crystallise after termination may fall outside tribunal jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6011487/2024
- Decision date
- 11 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No