Claimant v AM Norris Ltd
Outcome
Individual claims
The Claimant lacked the minimum two years qualifying service required under Section 108 Employment Rights Act 1996 to bring an unfair dismissal claim, having only been employed for just shy of seven months. No basis for automatically unfair dismissal was established.
The age discrimination claim continues and was not struck out. Case management orders were made for the claim to proceed to a full merits hearing.
The disability discrimination claim continues and was not struck out. The tribunal found that, despite delays and non-compliance issues, a fair hearing was still possible and case management orders were made to progress the claim.
Facts
The Claimant, a Polish speaker with health issues and disability, brought claims of unfair dismissal and age and disability discrimination after approximately seven months of employment. The Claimant failed to attend a preliminary hearing in May 2024 due to ill health and initially struggled to comply with Unless Orders requiring medical evidence, though eventually did provide documentation. The Respondent applied to strike out all claims for non-compliance and failure to actively pursue, but the Claimant attended the July 2025 preliminary hearing and resisted the application.
Decision
The tribunal refused the respondent's application to strike out the discrimination claims, finding by the narrowest of margins that a fair hearing was still possible despite significant delays, partly caused by tribunal administrative delays. However, the unfair dismissal claim was struck out as the Claimant lacked the required two years qualifying service under s.108 ERA 1996 and no automatically unfair reason applied. The age and disability discrimination claims continue with case management orders.
Practical note
A claimant with less than two years' service has no standing to bring ordinary unfair dismissal claims, but discrimination claims will be preserved even in the face of significant procedural non-compliance where a fair hearing remains possible and delays are not solely attributable to the claimant.
Legal authorities cited
Statutes
Case details
- Case number
- 6000054/2024
- Decision date
- 27 July 2025
- Hearing type
- preliminary
- Hearing days
- 0.5
- Classification
- contested
Respondent
- Name
- AM Norris Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 7 months
Claimant representation
- Represented
- No