Claimant v Weston Factory Meals Ltd
Outcome
Individual claims
The tribunal found it did not have jurisdiction to consider the unfair dismissal claim because the claimant did not have sufficient continuity of employment to meet the qualifying period required under the Employment Rights Act 1996.
The section 15 Equality Act 2010 claim for discrimination arising from disability in relation to dismissal will proceed to a final hearing. The tribunal did not determine the merits at this preliminary stage.
Facts
Miss Bell brought claims of unfair dismissal and discrimination arising from disability (section 15 Equality Act 2010) against her former employer Weston Factory Meals Ltd. This was a preliminary hearing held in private by video to determine jurisdictional issues. The claimant appeared in person while the respondent was represented by a solicitor.
Decision
The tribunal dismissed the unfair dismissal claim on jurisdictional grounds, finding the claimant lacked sufficient continuity of employment to meet the statutory qualifying period. However, the discrimination arising from disability claim under section 15 of the Equality Act 2010 was allowed to proceed to a full merits hearing.
Practical note
Claimants without two years' continuous service cannot bring ordinary unfair dismissal claims, but disability discrimination claims have no service requirement and can proceed regardless of length of employment.
Legal authorities cited
Statutes
Case details
- Case number
- 6017832/2024
- Decision date
- 3 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No