Mr D Sinobad v UK Mission Enterprise Limited — 2022

The tribunal heard a preliminary issue on continuity of employment for Mr D Sinobad, who worked as a chauffeur for UK Mission Enterprise Limited on seasonal fixed-term engagements linked to the Dubai Royal Family. It accepted that, apart from two key interruptions, the seasonal gaps between contracts from 2003 onwards generally fell within the statutory continuity rules for a temporary cessation of work under section 212 of the Employment Rights Act 1996.

The tribunal rejected continuity through the January 2017 separation on the basis that the operative cause was misconduct, not a temporary cessation of work. It also found that the later gap after the December 2019 end of the contract was not covered by continuity because Mr Sinobad had resigned on 12 December 2019, with his last day on 20 December 2019, and there was work available that he could have continued to do. The tribunal found that the 2020 re-engagement followed later seasonal arrangements and was not a continuation of the earlier contract for continuity purposes.

On that basis, the tribunal found the claimant's continuous service for the final relevant period ran only from 30 May 2020 to 9 December 2020, which was insufficient to confer ordinary unfair dismissal jurisdiction. The claim for ordinary unfair dismissal was therefore dismissed. No monetary remedy was awarded in this judgment, and the other matters mentioned in the claim form were to be dealt with separately at case management or a later hearing.