Claimant v Tariq Halal Meat Wholesale Limited
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim for want of jurisdiction under Section 111 of the Employment Rights Act 1996. The claimant was still employed by the respondent at the date the claim was filed (23 August 2024), meaning there was no dismissal and therefore no jurisdiction to hear the claim.
The tribunal struck out the constructive dismissal claim for want of jurisdiction under Section 111 of the Employment Rights Act 1996. The claimant had not resigned and was still employed at the date the claim was filed (23 August 2024), meaning there was no dismissal and therefore no jurisdiction to hear the claim.
Facts
The claimant filed an employment tribunal claim on 23 August 2024 alleging unfair dismissal and constructive dismissal. At the time of filing, the claimant was still employed by the respondent, Tariq Halal Meat Wholesale Limited. The respondent applied to strike out the claim on jurisdictional grounds. A preliminary hearing was held on 19 May 2025 before Employment Judge Daley.
Decision
The tribunal struck out both the unfair dismissal and constructive dismissal claims for want of jurisdiction under Section 111 of the Employment Rights Act 1996. The claimant was still employed at the date the claim was filed, meaning no dismissal had occurred and the tribunal had no jurisdiction to hear the claims.
Practical note
A claimant cannot bring an unfair dismissal or constructive dismissal claim while still employed; the employment relationship must have been terminated before the tribunal has jurisdiction to hear such claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6009340/2024
- Decision date
- 19 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No