Claimant v TECNIQ Ltd
Outcome
Individual claims
The Claimant did not have the required two years' qualifying service under s.108 Employment Rights Act 1996 to bring a claim of constructive unfair dismissal. The Employment Tribunal therefore had no jurisdiction to hear the claim.
Facts
Helen Wilson brought a claim of constructive unfair dismissal against TECNIQ Ltd, alleging breaches of contract that caused her to resign. The case proceeded to a preliminary hearing on jurisdiction held remotely via CVP. Both parties were unrepresented, with the claimant appearing in person and the respondent represented by a company director.
Decision
The Employment Tribunal struck out the constructive unfair dismissal claim on the basis that the Claimant did not have two years' qualifying service as required by s.108 ERA 1996. The Tribunal therefore had no jurisdiction to hear the claim.
Practical note
Constructive unfair dismissal claims require two years' qualifying service unless the reason for dismissal falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6021900/2024
- Decision date
- 8 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- TECNIQ Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No