Claimant v Swissport GB Limited
Outcome
Individual claims
The claimant lacked the required two years continuous employment to qualify for unfair dismissal protection under section 108 ERA 1996. Employment ran from 1 September 2022 to 24 May 2024, which is less than two years. The tribunal found no reasonable prospect of establishing jurisdiction.
The breach of contract claim did not meet the requirements of section 3(2) of the Employment Tribunals Act 1996, as it was not for damages for breach or the recovery of a sum. The tribunal found no reasonable prospect of establishing jurisdiction to hear this claim.
Facts
The claimant was employed by Swissport GB Limited from 1 September 2022 to 24 May 2024, a period of less than two years. He brought claims for unfair dismissal and breach of contract. The claimant failed to comply with multiple tribunal orders including providing a schedule of loss, disclosing documents, and exchanging witness statements. He did not attend the preliminary hearing.
Decision
The tribunal struck out both claims under three alternative grounds: lack of reasonable prospect of success due to insufficient qualifying service for unfair dismissal and improper breach of contract claim; failure to comply with tribunal orders; and failure to actively pursue the claims evidenced by non-engagement and non-attendance.
Practical note
Claimants must have two years continuous employment to bring unfair dismissal claims, and breach of contract claims in tribunals must be for damages or recovery of sums, not general breaches.
Legal authorities cited
Statutes
Case details
- Case number
- 6009387/2024
- Decision date
- 17 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No