Claimant v Flynns James Ltd T/a Flec Payroll and Others: S/4104584/2017 — 2017

The claimant presented claims including unfair dismissal, unlawful deduction from wages, holiday pay, and breach of contract, but the judgment only determined a preliminary issue on unfair dismissal jurisdiction. The claimant said he had been employed from 6 February 2017 and dismissed summarily on 14 July 2017. The respondent’s response accepted the employment dates but denied any entitlement to the sums claimed.

At the preliminary hearing on 11 December 2017, the claimant attended in person and a witness attended for him. There was no appearance for the respondent, despite attempts by the clerk to contact the respondent on the telephone number given on the response form. The Tribunal proceeded in the respondent’s absence.

The Tribunal held that the claimant did not have sufficient qualifying service to bring an unfair dismissal claim. It noted that, in the absence of a disciplinary hearing or a letter explaining the reason for termination, the claimant did not know the reason for dismissal. The claimant did not suggest that the dismissal was for an automatically unfair reason. The Tribunal therefore concluded that it had no jurisdiction to hear the unfair dismissal complaint and dismissed it.