Claimant v Allibone Inns Limited
Outcome
Individual claims
The tribunal found the claimant did not have the requisite continuity of employment to pursue a claim for unfair dismissal under s.108 of the Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim and it was dismissed.
The claimant applied to add a fresh claim of direct age discrimination. The tribunal refused the application to add this new claim.
Facts
Mr Gilham brought a claim for unfair dismissal against Allibone Inns Limited. The case proceeded to a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim. The claimant also applied at the hearing to add a fresh claim of direct age discrimination.
Decision
The tribunal dismissed the unfair dismissal claim on the basis that the claimant did not have the requisite continuity of employment under s.108 ERA 1996, meaning the tribunal had no jurisdiction. The tribunal also refused the claimant's application to add an age discrimination claim.
Practical note
Employment tribunals have no jurisdiction to hear unfair dismissal claims where the claimant lacks the required continuity of employment under section 108 ERA 1996, typically two years.
Legal authorities cited
Statutes
Case details
- Case number
- 3311304/2024
- Decision date
- 7 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No