Mr M Johnson v Anglian Windows Limited T/A Anglian Home Improvements — 2020

At the start of the hearing the Respondent applied to strike out the claim for non-compliance with an order requiring disclosure about Apex Home Improvements UK Ltd. The tribunal accepted that the Claimant had not provided the requested financial material, but decided that strike out was too draconian because a fair hearing was still possible and the issues could still be determined with case management orders or adverse findings on disclosure. The application to strike out was therefore dismissed.

The tribunal then decided as a preliminary issue whether the Claimant had the two years' continuous employment needed for unfair dismissal and redundancy pay under the Employment Rights Act 1996. It heard evidence about the change from the Claimant's employment ending in May 2017, the email from Mr Ottaway dated 27 May 2017, payment in lieu of notice of £2,000, the stated 7 day break, and the later Area Sales Leader contract dated 7 June 2017. The Claimant said he had continued working through the period, but the tribunal did not accept that evidence and found that he did not work for the Respondent between 26 May 2017 and 7 June 2017.

The tribunal found that the 27 May 2017 email accurately recorded the agreement and that there was a break in continuity of employment between 26 May 2017 and 7 June 2017, regardless of the status of the Area Sales Leader contract. On that basis the Claimant did not have continuous employment of not less than two years ending with the effective date of termination. The tribunal therefore held that it had no jurisdiction to consider the unfair dismissal and redundancy payment claims, and both claims were dismissed.