Claimant v FJ Pinnock & Son Limited
Outcome
Individual claims
The tribunal determined it did not have jurisdiction to consider the unfair dismissal claim because the claimant did not have the required two years' continuous service at the termination of his employment. The claim was therefore dismissed for lack of jurisdiction.
Facts
The claimant brought a claim for unfair dismissal against FJ Pinnock & Son Limited. At a preliminary hearing, the tribunal considered whether it had jurisdiction to hear the claim. The respondent was represented by counsel while the claimant appeared in person. The tribunal heard that the claimant did not have the required two years' continuous service at the point his employment terminated.
Decision
The tribunal dismissed the unfair dismissal claim on jurisdictional grounds, finding the claimant lacked the statutory two year qualifying period of service. The tribunal also found no other claims were outstanding within its jurisdiction and dismissed the entire claim.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and lack of qualifying service will result in dismissal for want of jurisdiction at a preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6003274/2025
- Decision date
- 23 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No