Cases→3302739/2024

Claimant v Care UK Community Partnerships Limited

13 May 2025Before Employment Judge S GeorgeWatford

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' continuous service at the effective date of termination and therefore did not meet the qualifying period under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim under s.94. The complaint was struck out under rule 38 as having no reasonable prospects of success.

Constructive Dismissalnot determined

The constructive dismissal claim under the Equality Act 2010 was not struck out and continues, as it is alleged to constitute unlawful discrimination.

Direct Discriminationnot determined

The discrimination claim remains live and was unaffected by the striking out of the unfair dismissal complaint. The judgment notes this relates to alleged unlawful discrimination in connection with constructive dismissal.

Facts

Mr Muwanguzi was employed by Care UK Community Partnerships Limited. At the time of his termination, he had less than two years' continuous service. He brought claims including unfair dismissal under the Employment Rights Act 1996 and constructive dismissal/discrimination claims under the Equality Act 2010. At a preliminary hearing before Employment Judge Dick on 17 December 2024, he was warned that he would need to show good reason why the unfair dismissal complaint should continue despite the qualifying period issue.

Decision

Employment Judge George struck out the unfair dismissal claim under rule 38 on the basis that the claimant lacked the two years' continuous employment required under s.108 ERA 1996 to bring such a claim, and he had not shown good reason why it should proceed. The constructive dismissal and discrimination claims under the Equality Act 2010 were unaffected and continue.

Practical note

Unfair dismissal claims require two years' qualifying service under s.108 ERA 1996, but discrimination claims (including constructive dismissal as discrimination) under the Equality Act 2010 have no such qualifying period and can proceed independently.

Legal authorities cited

Statutes

ERA 1996 s.94ERA 1996 s.108Employment Tribunals Procedure Rules 2024 rule 38Equality Act 2010

Case details

Case number
3302739/2024
Decision date
13 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Care UK Community Partnerships Limited
Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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