Mr. Craig Jowett v , Solicitor Javelin Saw Doctor Ltd — 2021

This was a preliminary hearing in which the tribunal considered whether Mr Craig Jowett had the two years' continuous service needed to bring an unfair dismissal claim. The tribunal heard evidence from Mr Jowett and Mrs Shirley Jowett, and the key dispute was whether there had been a break in employment between 1 July 2019 and 17 November 2019 after a P45 had been issued.

The tribunal found Mr Jowett to be a credible and reliable witness and found Mrs Jowett's evidence less satisfactory. It accepted that Mr Jowett continued to carry out work for the respondent from July 2019 onwards, that text messages showed ongoing work arrangements, and that wages continued to be paid into his bank account. On that basis, the tribunal held that there was sufficient mutuality of obligation and an implied contract of employment throughout the disputed period, so there was no break in continuity of employment.

Applying ss.108(1), 210 and 212 of the Employment Rights Act 1996, the tribunal found that Mr Jowett had continuous employment from 1 June 2005 to 24 June 2020 for the purposes of unfair dismissal jurisdiction. It therefore held that the unfair dismissal claim could proceed to a final hearing, together with the claims for wrongful dismissal, notice pay, holiday pay and other payments. No liability decision or monetary award was made at this stage.