Claimant v Amazon UK Services Limited
Outcome
Individual claims
Claimant lacked the minimum two years' qualifying service required for unfair dismissal. Employment with respondent commenced 4 December 2022, ended 1 October 2024. Prior work from September to December 2022 was under separate contract with Adecco, not the respondent. Claim dismissed for want of jurisdiction.
Tribunal reserved the question of disability status to the final hearing due to potential judicial bias issue. Tribunal found it has jurisdiction to hear the claim as the appeal decision of 8 November 2024 was within time, and may bring earlier acts within time if part of continuing conduct.
Tribunal found it has jurisdiction to hear the claim. The appeal decision of 8 November 2024, which claimant alleged dismissed racism claims without analysis, was within the statutory time limit. Whether earlier acts form part of continuing discrimination to be determined at final hearing.
Facts
Claimant worked at Amazon's Livingston depot from September 2022, initially via Adecco agency, then directly employed from December 2022. He was dismissed on 1 October 2024 for submitting what respondent alleged was a non-genuine medical letter. His appeal was rejected on 8 November 2024. He suffered from chronic pain and mobility issues in his left leg. He filed his tribunal claim on 24 February 2025 after ACAS early conciliation.
Decision
Tribunal dismissed unfair dismissal claim for lack of qualifying service, finding employment commenced in December 2022, not September 2022. The prior period was genuine agency work with Adecco, not the respondent. Tribunal found it has jurisdiction to hear discrimination claims based on the appeal decision of 8 November 2024 being in time, reserving the question of whether earlier acts form part of continuing conduct.
Practical note
Agency arrangements will be respected where genuine, and prior agency service will not count towards qualifying service for unfair dismissal even if doing the same work for the same end-user in the same location.
Legal authorities cited
Statutes
Case details
- Case number
- 8000490/2025
- Decision date
- 22 October 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Sortation Associate
- Service
- 2 years
Claimant representation
- Represented
- No