Claimant v S Myles and A Myles T/a Butterflies Nursery School Emmock Woods
Outcome
Individual claims
The tribunal found it lacked jurisdiction to hear the unfair dismissal claim because the claimant had only 4 months' service with her employer (Butterflies Nursery School Emmock Woods) from 5 March 2024 to 12 July 2024, falling short of the two-year qualifying period required under s.108 ERA 1996. The tribunal rejected arguments that the two nurseries were associated employers or that employment had continued from the earlier employer.
Facts
The claimant worked for Butterflies Nursery School Kingsway East from September 2022. In March 2024, she requested and was granted a transfer to the sister nursery, Butterflies Nursery School Emmock Woods, operated by a different partnership, because her child attended Kingsway East. She signed a new contract stating her employment with Emmock Woods began 5 March 2024 with continuous service from that date. She was dismissed on 12 July 2024, having worked only four months for Emmock Woods. She claimed her service should include her earlier employment at Kingsway East.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction. The claimant had only four months' service with her employer (Emmock Woods partnership), well short of the two-year qualifying period. The tribunal rejected arguments that the two nurseries were associated employers or that her employment had continued from Kingsway East, finding the two nurseries were separate legal entities and the signed contract clearly identified Emmock Woods as her employer from 5 March 2024.
Practical note
An employee who transfers between two nurseries operated by separate partnerships, even if they share common partners, will not have continuity of service preserved unless the partnerships qualify as 'associated employers' under s.231 ERA 1996, which requires them to be companies, not partnerships.
Legal authorities cited
Statutes
Case details
- Case number
- 8001803/2024
- Decision date
- 15 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 4 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor