Claimant v Garratt Inns Ltd
Outcome
Individual claims
The tribunal dismissed the unfair dismissal complaint on jurisdictional grounds. The claim was presented prematurely on 25 September 2025, before the effective date of termination and at a time when no notice of termination had been served by either party. The tribunal therefore lacked jurisdiction to hear this complaint.
Facts
The claimant Ms Allison Lochrie presented a claim to the employment tribunal on 25 September 2025 which included a complaint of unfair dismissal. At a preliminary hearing held remotely on 23 December 2025, the tribunal considered whether it had jurisdiction to hear the unfair dismissal complaint. The claimant was represented by a friend and the respondent by a company director.
Decision
The tribunal dismissed the unfair dismissal complaint on jurisdictional grounds. It found that the claim was presented prematurely before the effective date of termination and at a time when no notice of termination had been served by either party. The tribunal lacked jurisdiction to hear a complaint of unfair dismissal in these circumstances. The claimant's other complaints remain live and will proceed.
Practical note
An unfair dismissal claim cannot be brought before the employment relationship has been terminated or notice of termination served, as the tribunal lacks jurisdiction until there is an effective date of termination.
Legal authorities cited
Case details
- Case number
- 4103490/2025
- Decision date
- 6 January 2026
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Garratt Inns Ltd
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- lay rep