Claimant v St Catherine's Catholic Primary school
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service required under s.108 ERA 1996 for ordinary unfair dismissal. The tribunal rejected the claimant's argument that his constructive dismissal was automatically unfair due to disability discrimination, finding his claims did not give rise to automatic unfair dismissal.
This claim remains live and was not affected by the strike-out judgment. The tribunal specifically stated that the claimant's other complaints are not affected by this judgment.
This claim remains live and was not affected by the strike-out judgment. The tribunal specifically stated that the claimant's other complaints are not affected by this judgment.
Facts
Mr Pinkney was employed by St Catherine's Catholic Primary School for less than two years before being dismissed. He brought claims of constructive unfair dismissal, disability discrimination, and failure to make reasonable adjustments. He argued his constructive dismissal was automatically unfair because it was based on disability discrimination, which would circumvent the two-year service requirement.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service required under s.108 ERA 1996 and his claims did not give rise to automatic unfair dismissal. The disability discrimination and reasonable adjustments claims were unaffected and remain live.
Practical note
A claimant cannot circumvent the two-year service requirement for ordinary unfair dismissal simply by alleging the constructive dismissal was connected to discrimination claims; the discrimination itself must establish the dismissal was for an automatically unfair reason.
Legal authorities cited
Statutes
Case details
- Case number
- 6015516/2025
- Decision date
- 8 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No