Cases→3200109/2025

Claimant v Bahay Kubo Housing Association Limited

29 April 2025Before Employment Judge ReidEast Londonin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal found it did not have jurisdiction to hear the unfair dismissal claim because it was premature. The claimant was employed on a fixed term contract which expired on 28 February 2025, but filed her claim on 10 February 2025 before the contract ended. She was not in a notice period so could not rely on s111(3) ERA 1996. Applying Throsby v Imperial College, a claim cannot be brought before a fixed term contract expires.

Interim Reliefstruck out

The interim relief application failed because it was dependent on the underlying unfair dismissal claim. Since the tribunal found it did not have jurisdiction to hear the unfair dismissal claim (as it was premature), the interim relief application could not succeed.

Facts

The claimant was employed on a 12-month fixed term contract from 19 February 2024 to 18 February 2025. On 30 January 2025 she was told her contract would not be renewed. The parties agreed to extend the contract by two weeks to 28 February 2025. The claimant presented her unfair dismissal claim and interim relief application on 10 February 2025, before her employment ended. The tribunal had to determine whether the claim was premature.

Decision

The tribunal dismissed the unfair dismissal claim for lack of jurisdiction, finding it was premature. The claimant was on a fixed term contract which expired on 28 February 2025, but she filed her claim on 10 February 2025 before it ended. She was not in a notice period so could not rely on s111(3) ERA 1996. Applying Throsby v Imperial College, the claim could not be brought before the fixed term expired. The interim relief application also failed.

Practical note

Employees on fixed term contracts cannot bring unfair dismissal claims before the contract expires, even if they have been told it will not be renewed, because they are not in a 'notice period' within the meaning of s111(3) ERA 1996.

Legal authorities cited

Throsby v Imperial College [1977] IRLR 337Governing Body of Wishmore School [2011] EAT

Statutes

ERA 1996 s.111(2)ERA 1996 s.128(2)ERA 1996 s.111(3)

Case details

Case number
3200109/2025
Decision date
29 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Bahay Kubo Housing Association Limited
Sector
public sector
Represented
Yes
Rep type
solicitor

Employment details

Service
1 years

Claimant representation

Represented
Yes
Rep type
barrister
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