Claimant v Tesco Stores Limited
Outcome
Individual claims
The Claimant did not have the required two years' qualifying service to bring a claim of unfair dismissal as required by s.108 Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim.
The tribunal found that the Respondent did not employ the Claimant. Therefore the tribunal had no jurisdiction to hear the claim of race discrimination.
The tribunal found that the Respondent did not employ the Claimant. Therefore the tribunal had no jurisdiction to hear the claim of wrongful dismissal.
Facts
The Claimant brought claims of unfair dismissal, race discrimination and wrongful dismissal against Tesco Stores Limited. The hearing was a preliminary hearing to determine jurisdictional issues. The tribunal heard evidence and submissions on whether the Claimant had sufficient qualifying service and whether the Respondent was his employer.
Decision
The tribunal struck out all claims for lack of jurisdiction. The unfair dismissal claim failed because the Claimant did not have two years' qualifying service as required by s.108 ERA 1996. The race discrimination and wrongful dismissal claims failed because the tribunal found the Respondent did not employ the Claimant.
Practical note
A claimant must establish both sufficient qualifying service for unfair dismissal and prove an employment relationship with the correct respondent before the tribunal can exercise jurisdiction over the claims.
Legal authorities cited
Statutes
Case details
- Case number
- 3309654/2023
- Decision date
- 19 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No