Claimant v Step Ahead Social Enterprise Community Interest Company
Outcome
Individual claims
The tribunal found the claimant's complaint of wrongful dismissal (notice pay) was not well founded. The claim was dismissed after a two-day merits hearing, indicating the tribunal heard evidence and determined the claimant was not entitled to notice pay.
The tribunal had no jurisdiction to hear the unfair dismissal claim because the claimant did not have the qualifying length of service. Under the Employment Rights Act 1996, employees generally need two years' continuous service to claim ordinary unfair dismissal, which the claimant lacked.
Facts
Mr Jenkins was employed by Step Ahead Social Enterprise Community Interest Company. His employment was terminated and he brought claims for wrongful dismissal (notice pay) and unfair dismissal. The respondent also brought a counterclaim against him. A two-day video hearing was held in August 2025.
Decision
The tribunal dismissed both of Mr Jenkins' claims. The wrongful dismissal claim failed on its merits after hearing evidence. The unfair dismissal claim was dismissed for lack of jurisdiction as Mr Jenkins did not have the required two years' qualifying service. The respondent's counterclaim was also dismissed as not well founded.
Practical note
Even when a wrongful dismissal claim proceeds to a full merits hearing, a claimant without two years' service cannot pursue ordinary unfair dismissal, highlighting the importance of qualifying service requirements.
Case details
- Case number
- 2304340/2024
- Decision date
- 8 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No