Claimant v Hand in Hand Children Ltd
Outcome
Individual claims
The claim was struck out because the Claimant had less than 2 years' service and therefore lacked the statutory qualifying period to bring an ordinary unfair dismissal claim under section 98 of the Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim.
Facts
The Claimant was employed by the Respondent for less than 2 years. The Claimant brought an unfair dismissal claim but did not allege protected disclosures, discrimination, or victimisation in the claim form or in subsequent correspondence. The tribunal struck out the claim on the basis that the Claimant lacked the statutory 2-year qualifying period. The Claimant then applied for reconsideration, suggesting for the first time that safeguarding concerns raised constituted protected disclosures and that there was discrimination and victimisation.
Decision
The tribunal refused the reconsideration application on the basis that there was no reasonable prospect of the original strike-out decision being varied or revoked. The Claimant had never previously raised any suggestion of protected disclosure, discrimination or victimisation claims, and the strike-out of the unfair dismissal claim for lack of qualifying service was clearly the right decision.
Practical note
Claimants must clearly articulate all claims they wish to pursue from the outset; attempting to introduce new claims for the first time in a reconsideration application after a strike-out will not succeed.
Legal authorities cited
Statutes
Case details
- Case number
- 6010478/2024
- Decision date
- 19 August 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No