Claimant v Sentinel Group Security Limited
Outcome
Individual claims
The tribunal determined that the claimant's claim of unauthorised deductions from wages was not well-founded and dismissed it. The claimant's reconsideration application, which argued the dismissal did not align with TUPE law and ERA 1996 protections regarding base salary, was rejected as it merely restated disagreement with the original decision without new evidence.
The tribunal found it did not have jurisdiction to hear the breach of contract claim because the Claimant remained employed by the Respondent. The Employment Tribunal's jurisdiction over breach of contract claims is limited to claims arising or outstanding on termination of employment.
Facts
The Claimant brought claims for unauthorised deductions from wages and breach of contract against his employer, Sentinel Group Security Limited. The claims related to issues concerning his base salary, which the Claimant argued were protected under TUPE law. The Claimant remained employed by the Respondent at the time of the hearing.
Decision
The tribunal dismissed both claims: the unauthorised deductions claim as not well-founded, and the breach of contract claim for lack of jurisdiction because the Claimant remained employed. The Claimant's subsequent reconsideration application was refused because it merely restated disagreement with the original decision without presenting new evidence or changed circumstances.
Practical note
Employment Tribunals lack jurisdiction to hear breach of contract claims where the employment relationship is ongoing, as such claims can only be heard when arising or outstanding on termination of employment.
Legal authorities cited
Statutes
Case details
- Case number
- 3200354/2024
- Decision date
- 13 February 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No