Claimant v Achieving for Children
Outcome
Individual claims
The tribunal found that the claimant was not dismissed within the meaning of section 95 of the Employment Rights Act 1996. As there was no dismissal, the claimant could not bring a complaint of unfair dismissal. The claim was therefore dismissed.
Facts
Miss Riley brought a claim of unfair dismissal against two respondents, Achieving for Children and YMCA St Paul's Group. The case was heard over two days at London South Employment Tribunal. The claimant appeared in person with assistance from Miss Thomas, while both respondents were represented by counsel.
Decision
The tribunal dismissed the unfair dismissal claim on the basis that the claimant was not dismissed within the meaning of section 95 of the Employment Rights Act 1996. Without a dismissal, the claimant had no legal basis to bring an unfair dismissal claim.
Practical note
A claim for unfair dismissal requires proof that the claimant was dismissed; without establishing dismissal under s.95 ERA 1996, the claim cannot succeed regardless of other merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2303133/2023
- Decision date
- 20 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No