Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal had no jurisdiction to hear the breach of contract claim because the claimant was still a serving employee of the respondent. Employment tribunals can only hear breach of contract claims where employment has terminated.
Facts
The claimant, Callan David Herne, brought a breach of contract claim against his employer, Royal Mail Group Limited, while still employed by them. The respondent challenged the tribunal's jurisdiction to hear the claim on the basis that the claimant remained a serving employee.
Decision
The tribunal dismissed the breach of contract claim on jurisdictional grounds. Employment tribunals can only hear breach of contract claims where the employment relationship has terminated. As the claimant was still employed by the respondent, the tribunal had no jurisdiction to hear the claim.
Practical note
Employment tribunals cannot hear breach of contract claims from employees who are still in employment - such claims must be brought in the County Court or High Court.
Legal authorities cited
Case details
- Case number
- 6000883/2024
- Decision date
- 9 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No