Claimant v University of Exeter
Outcome
Individual claims
The claimant had insufficient continuity of service to pursue a claim for unfair dismissal under section 108(1) of the Employment Rights Act 1996, which requires two years' continuous employment. The tribunal therefore dismissed this claim for lack of jurisdiction.
The claim alleging automatic unfair dismissal for making protected public interest disclosures pursuant to section 103A of the Employment Rights Act 1996 was withdrawn by the claimant and dismissed on withdrawal by the tribunal.
Facts
The claimant brought claims against the University of Exeter including ordinary unfair dismissal and automatic unfair dismissal for making protected disclosures (whistleblowing). The matter came before the tribunal at a preliminary hearing in chambers to determine jurisdictional issues. The claimant appeared in person and the respondent was represented by in-house counsel.
Decision
The tribunal dismissed the ordinary unfair dismissal claim because the claimant lacked the two years' continuous service required under section 108(1) ERA 1996. The whistleblowing dismissal claim under section 103A was dismissed on withdrawal by the claimant. Other claims remain live and are subject to a case management order.
Practical note
This case demonstrates that ordinary unfair dismissal claims require two years' qualifying service, but the claimant retained other claims which were not affected by this preliminary ruling.
Legal authorities cited
Statutes
Case details
- Case number
- 6004327/2025
- Decision date
- 6 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No