Claimant v Doris Engineering UK Limited
Outcome
Individual claims
All complaints of failure to pay holiday pay were withdrawn by the claimants, except that of Mr Connolly which was not dismissed.
All complaints of failure to pay other payments were withdrawn by the claimants and dismissed upon withdrawal.
Mr Ujjan's complaint that he was unfairly dismissed because he made a protected disclosure was withdrawn and dismissed upon withdrawal.
Mr Noufal's whistleblowing complaint against the first respondent in Case No. 2305926/2024 was withdrawn, on the basis that he had brought the same complaint in Case No. 2305934/2024 which remains active.
The unfair dismissal claims of Mr Noufal, Mr Ujjan, Mr Lainchbury and Mr Kelly were struck out because they had not been continuously employed by the first respondent for a period of not less than 2 years, and therefore lacked the qualifying service required under the Employment Rights Act 1996.
The automatically unfair dismissal claims pursuant to regulation 7 TUPE 2006 of Mr Noufal, Mr Ujjan, Mr Lainchbury and Mr Kelly were struck out for lack of two years' continuous employment with the first respondent.
The claims for redundancy payment brought by Mr Noufal, Mr Ujjan, Mr Lainchbury and Mr Kelly under s.163 ERA 1996 were struck out because they did not have the required two years' continuous employment with the first respondent.
Facts
Multiple claimants brought various claims against two engineering companies, one in administration. The claimants included Mr Fairhurst, Mr Ujjan, Mr Noufal, Mr Connolly, Mr Lainchbury and Mr Kelly. The case involved TUPE-related issues and claims for unpaid wages, holiday pay, unfair dismissal, whistleblowing, and redundancy payments. Several claimants lacked the required two years' continuous service.
Decision
The tribunal dismissed upon withdrawal the claims for holiday pay (except Mr Connolly's), other payments, and certain whistleblowing claims. The tribunal struck out the unfair dismissal (both ordinary and TUPE-related automatic unfair dismissal) and redundancy payment claims of Mr Noufal, Mr Ujjan, Mr Lainchbury and Mr Kelly because they lacked the statutory requirement of two years' continuous employment with the first respondent.
Practical note
Claimants must have at least two years' continuous service to bring claims for ordinary unfair dismissal and statutory redundancy pay, even where TUPE is involved and even where automatic unfair dismissal under TUPE is alleged.
Legal authorities cited
Statutes
Case details
- Case number
- 2305072/2024
- Decision date
- 27 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No