Claimant v Canopy UK Direct Ltd
Outcome
Individual claims
The tribunal determined it did not have jurisdiction to hear the unfair dismissal claim because the claimant did not have the necessary 2 years' qualifying service required under the Employment Rights Act 1996.
The tribunal found that the claim for unlawful deduction from wages was not well founded. The tribunal heard evidence and determined that no unlawful deduction had occurred.
Facts
Warren Talbot brought claims against his former employer Canopy UK Direct Ltd for unfair dismissal and unlawful deduction from wages. The case was heard by video before Employment Judge Hunt at Watford. The claimant represented himself while the respondent was represented by Mrs Ellingham, a company director.
Decision
The tribunal dismissed both claims. The unfair dismissal claim was dismissed because the claimant lacked the necessary 2 years' qualifying service required to bring such a claim, meaning the tribunal had no jurisdiction. The unlawful deduction from wages claim was dismissed on its merits as not well founded.
Practical note
Claimants must have at least 2 years' continuous employment to bring an ordinary unfair dismissal claim, and claims for unlawful deductions require evidence that wages were improperly withheld.
Legal authorities cited
Statutes
Case details
- Case number
- 3306654/2024
- Decision date
- 25 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No