Claimant v Hirsch Properties Limited
Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim because the claimant did not have the requisite two years' continuous employment with the respondent, which is a statutory requirement under s.108 Employment Rights Act 1996 to bring an ordinary unfair dismissal claim.
The race discrimination claim was dismissed under rule 38(1)(b) of the Employment Tribunals Rules of Procedure. The tribunal determined that the claim had no reasonable prospect of success after hearing from both parties.
Facts
The claimant, Dobrin Ghilase, brought claims of unfair dismissal and race discrimination against his former employer, Hirsch Properties Limited. The claimant represented himself with support from his brother and required a Romanian interpreter. The respondent was represented by a solicitor. This was a preliminary hearing to consider jurisdictional and substantive issues.
Decision
The tribunal dismissed the unfair dismissal claim because the claimant lacked the required two years' continuous service. The race discrimination claim was struck out under rule 38(1)(b) as having no reasonable prospect of success. Both claims therefore failed and the claimant's case was dismissed in its entirety.
Practical note
A self-represented claimant without two years' service cannot pursue ordinary unfair dismissal, and discrimination claims require sufficient factual foundation to survive strike-out at preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6005161/2024
- Decision date
- 23 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No