Claimant v Northwest Payments Limited
Outcome
Individual claims
The tribunal found it lacked jurisdiction to hear the unfair dismissal claim because the claimant did not have the two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was employed for less than one month.
The tribunal found it lacked jurisdiction to hear the breach of contract claim because the claimant was not employed for a month, which is required by section 86 of the Employment Rights Act 1996 to establish an entitlement to statutory notice pay.
Facts
M Withey was employed by Northwest Payments Limited for less than one month before their employment ended. The claimant brought claims for unfair dismissal and breach of contract. The case was heard at a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claims.
Decision
The tribunal dismissed both claims for lack of jurisdiction. The unfair dismissal claim failed because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The breach of contract claim failed because the claimant was not employed for at least one month, which is required under section 86 ERA 1996 for statutory notice entitlement.
Practical note
Very short service employees (under one month) have extremely limited tribunal rights, lacking both unfair dismissal protection and statutory notice entitlements.
Legal authorities cited
Statutes
Case details
- Case number
- 6009496/2025
- Decision date
- 22 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No