Claimant v African Community Centre
Outcome
Individual claims
The tribunal found the claimant did not have two years' continuous service ending with the effective date of termination. There was a break in employment between 15 September 2023 (end of first fixed-term contract) and 22 October 2023 (start of second contract). The claimant did not carry out work during this break and was not regarded as continuing in employment. Tribunal had no jurisdiction to determine the claim.
The claim related to pay in lieu of notice and arrears of wages from September/October 2023. Claim was brought in January 2025, approximately 12 months out of time. Tribunal found it was reasonably practicable for claimant to bring claim within time limit as he was aware of time limits, had internet access, and advised others on employment rights. Claim dismissed for being out of time.
The claim related to pay in lieu of outstanding holiday arising on termination of first contract on 15 September 2023. Claim was brought in January 2025, approximately 12 months out of time. For same reasons as unlawful deductions claim, tribunal found it was reasonably practicable to bring claim within time limit. Claimant chose to try to resolve matter with respondent rather than taking legal action. Claim dismissed for being out of time.
Facts
The claimant worked for the respondent charity as a Business Development Manager under two fixed-term contracts. The first ran from 22 July 2022 to 15 September 2023 (terminated early). After a gap, he was re-engaged on 22 October 2023 under a second contract on reduced hours (2 days/week) until 21 October 2024. He claimed unfair dismissal, unlawful deductions (notice pay and arrears from September 2023), and holiday pay from the first contract.
Decision
The tribunal dismissed all claims. The unfair dismissal claim failed because the claimant lacked two years' continuous service — there was a genuine break in employment between contracts and he did not work during the gap. The wage and holiday pay claims were struck out as approximately 12 months out of time, and it was reasonably practicable to claim earlier given the claimant's knowledge of employment rights and time limits.
Practical note
Fixed-term contracts with gaps in service will not preserve continuity unless statutory exceptions apply; claimants in the employment advice sector will be held to high standards on reasonable practicability of meeting time limits.
Legal authorities cited
Statutes
Case details
- Case number
- 6001976/2025
- Decision date
- 1 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Business Development Manager
Claimant representation
- Represented
- No