(1) Mr E Lompech-Leneveu (2) Mr A J Berteloot v Alp Technologies Ltd and 1 other — 2022

After the hearing on 31 May and 1 June 2022, the tribunal recorded that the Second Claimant had withdrawn his discrimination claims, so the claims against Mr T Kong were dismissed on withdrawal. The First Claimant's unlawful deduction of wages claim was also withdrawn, including the holiday pay issue, and the reasons state that the Working Time Regulations claim was withdrawn as well. No monetary award was made on any withdrawn claim.

On unfair dismissal, the tribunal held that the Second Claimant was not an employee during the period when he invoiced through E-Nano and Blackhorse. Applying Ready Mixed Concrete and the later Atholl House guidance on the third limb, it found that the parties intended a contractor relationship during that period. The tribunal therefore held that he did not have two years' continuous service and his unfair dismissal claim was dismissed.

The tribunal dismissed both wrongful dismissal claims. It found that both claimants breached clauses 30 to 32 of their contracts by pursuing the E-Nano/Innovate UK opportunity without consent, engaging in other business activities in conflict with the Respondent's interests, and competing for the same grant funding round. Those breaches were held to be fundamental, so ALP Technologies Ltd was entitled to dismiss summarily without notice. The judgment also records that allegations of breach of confidentiality were not made out on the evidence.