Mr Ramsi Seef v DHL Services Limited — 2020

The claimant resigned on 9 May 2019 and brought a complaint described as unfair constructive dismissal. A possible disability discrimination complaint was suggested in the claim form, but the claimant confirmed on 30 August 2019 that it was not pursued.

The tribunal found that the claimant had worked at the respondent's site from August 2016 through agency arrangements before becoming directly employed by the respondent from 10 September 2017. The tribunal found there was a change of employer when he moved into direct employment with the respondent, and that his previous agency work did not count as continuous service with the respondent.

The tribunal considered whether any statutory exception preserved continuity despite the change of employer, including transfer of a business or undertaking and associated employer provisions. It found no basis for those exceptions, no basis to treat the earlier agency arrangements as a sham, and concluded that the claimant did not have two years' continuous employment. The tribunal therefore had no jurisdiction to hear the unfair dismissal claim and dismissed it.