Cases2305072/2024

Claimant v Doris Engineering UK Limited

Outcome

Claimant fails

Individual claims

Holiday Paywithdrawn

All complaints of failure to pay holiday pay were withdrawn by the claimants, except that of Mr Connolly which was not dismissed.

Unlawful Deduction from Wageswithdrawn

All complaints of failure to pay other payments were withdrawn by the claimants and dismissed upon withdrawal.

Whistleblowingwithdrawn

Mr Ujjan's complaint that he was unfairly dismissed because he made a protected disclosure was withdrawn and dismissed upon withdrawal.

Whistleblowingwithdrawn

Mr Noufal's whistleblowing complaint against the first respondent in Case No. 2305926/2024 was withdrawn, on the basis that he had brought the same complaint in Case No. 2305934/2024 which remains active.

Unfair Dismissalstruck out

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.

Automatic Unfair Dismissalstruck out

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.

Redundancy Paystruck out

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

ERA 1996 s.163TUPE 2006 regulation 7

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