Claimant v Virgin Active Limited
Outcome
Individual claims
The claim was presented out of time and the tribunal had no jurisdiction to consider it. Additionally, the Claimant did not qualify for protection having been continuously employed by the Respondent for less than two years at the date of dismissal.
The claim of unfair dismissal on whistleblowing grounds was presented out of time and the tribunal had no jurisdiction to consider it.
Facts
Mr Mohammedi brought claims of ordinary unfair dismissal and unfair dismissal on whistleblowing grounds against Virgin Active Ltd. He appeared in person at a preliminary hearing to determine jurisdiction. The Respondent was represented by counsel. The Claimant had been employed for less than two years at the date of dismissal.
Decision
The tribunal dismissed both claims. The ordinary unfair dismissal claim failed on two grounds: it was presented out of time and the Claimant lacked the requisite two years continuous service. The whistleblowing claim was also presented out of time. The tribunal had no jurisdiction to consider either claim and the proceedings were dismissed in their entirety.
Practical note
Claimants must be aware of strict time limits for bringing tribunal claims and the two-year qualifying period for ordinary unfair dismissal protection, though whistleblowing claims have no qualifying period if brought in time.
Case details
- Case number
- 6005428/2025
- Decision date
- 1 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No