Claimant v SENAD Ltd
Outcome
Individual claims
The claimant had only 11 months of continuous service at the point of dismissal, having worked for the respondent from 19 February 2024 to 20 January 2025. A previous period of employment with the respondent from February 2021 to September 2023 was separated by 5.5 months working for a wholly separate employer, which broke continuity. The claimant therefore did not meet the two-year qualifying service required under section 108(1) ERA 1996, and the tribunal had no jurisdiction to hear the claim.
Facts
The claimant was employed by the respondent as a House Manager from February 2024 to January 2025 (11 months), having previously worked for the same employer from February 2021 to September 2023 before leaving to work for a different employer. He was dismissed for gross misconduct and claimed unfair dismissal. The respondent contended he lacked the two years' qualifying service required under ERA 1996 because his earlier employment had been broken by working elsewhere for 5.5 months.
Decision
The tribunal struck out the unfair dismissal claim as having no reasonable prospect of success, finding the claimant had only 11 months' continuous service. The respondent's subsequent costs application succeeded. The tribunal found the claim objectively had no reasonable prospect of success from the outset, and that the claimant acted unreasonably in continuing to pursue it after being clearly informed of the jurisdictional issue on multiple occasions from April 2025 onwards. A costs order of £1,000 was awarded, reduced from the £6,424 claimed to reflect the claimant's ability to pay.
Practical note
Litigants in person who continue to pursue claims after being clearly and repeatedly warned that they lack qualifying service risk costs orders, though tribunals will take ability to pay into account when determining the amount.
Legal authorities cited
Statutes
Case details
- Case number
- 6011501/2025
- Decision date
- 6 October 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- SENAD Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- House Manager
- Service
- 11 months
Claimant representation
- Represented
- No