Claimant v Explore Transport Limited
Outcome
Individual claims
The tribunal dismissed the claim for unfair dismissal because the claimant lacked the necessary qualifying service required under the Employment Rights Act 1996 to bring such a claim. The tribunal therefore had no jurisdiction to hear the claim.
The claim for 'other payments' was withdrawn by the claimant and dismissed on withdrawal by the tribunal.
Facts
Mr Lawton brought a claim for unfair dismissal and other payments against his former employer Explore Transport Limited. The claimant represented himself at the preliminary hearing while the respondent was represented by a solicitor. The tribunal heard arguments regarding the claimant's qualifying service for bringing an unfair dismissal claim.
Decision
The tribunal dismissed the unfair dismissal claim on jurisdictional grounds, finding that the claimant did not have the necessary two years' qualifying service required under the Employment Rights Act 1996. The claim for 'other payments' was dismissed on withdrawal by the claimant.
Practical note
Employees must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and tribunals have no jurisdiction to hear such claims from those lacking qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2602058/2024
- Decision date
- 25 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No