Claimant v DPV Logistics Group Ltd T/a Clintopia Logistics and Warehousing
Outcome
Individual claims
The claimant did not have two years' continuous employment with the respondent at the date of dismissal, which is the statutory qualifying period for ordinary unfair dismissal claims. The tribunal therefore lacked jurisdiction to determine this claim.
Claim relating to notice pay will proceed to hearing.
Claim relating to holiday pay will proceed to hearing.
Claim relating to arrears of pay will proceed to hearing.
Facts
Mr Gunes brought claims for unfair dismissal, notice pay, holiday pay and arrears of pay against his former employer, a logistics company. Following a tribunal letter dated 10 January 2025, the claimant failed to provide reasons why the unfair dismissal complaint should not be struck out. The tribunal found that the claimant did not have two years' continuous employment with the respondent at the date of dismissal.
Decision
The tribunal struck out the unfair dismissal claim on jurisdictional grounds because the claimant lacked the statutory two-year qualifying period of continuous employment. The remaining claims for notice pay, holiday pay and arrears of pay were allowed to proceed to hearing.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims lacking jurisdictional foundation even when claimants are unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 6023111/2024
- Decision date
- 4 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No