Case 1800448/2023 · Employment Tribunal
Mr L Ene v GXO Logistics UK II Limited (Formerly Clipper Logistics Plc) — 2023
- Case reference
- 1800448/2023
- Decision date
- 25 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rogerson
Parties
2 namedClaimant
Mr L Ene
Key findings
Tribunal's reasoningThe claimant brought an unfair dismissal complaint only. On 14 March 2023 the tribunal warned that it was considering striking out the claim because he did not have two years' service with the respondent. In his response of 22 March 2023, the claimant accepted that he could not bring unfair dismissal and suggested that he might instead be able to pursue wrongful dismissal, described in the reasons as breach of contract.
On 11 April 2023 the tribunal wrote again, saying that there was no legal basis for claiming the same compensation for unfair dismissal as damages for breach of contract and asking the claimant to identify the precise contractual breach and the damage caused. He was given until 17 April 2023 to reply, but did not do so.
The tribunal therefore struck out the unfair dismissal complaint. It said the claimant had not worked for the respondent for two years as required by s.108 Employment Rights Act 1996. It also recorded that wrongful dismissal or breach of contract was not pleaded in the claim form, and that even if the 22 March email were treated as an application to amend the claim, the absence of the requested further information meant strike-out remained appropriate under the overriding objective.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the unfair dismissal complaint because the claimant had not worked for the respondent for two years, as required by s.108 Employment Rights Act 1996. It also recorded that no separate wrongful dismissal or breach of contract claim had been brought in the claim form, and that no reply was received to the request for further particulars. | Struck out | — | — |
Legal tests applied
2 references- s.108 Employment Rights Act 1996
- overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.