Claimant v Committed Care Services
Outcome
Individual claims
The claim was struck out because the claimant did not have sufficient length of service (two years) to bring an ordinary unfair dismissal claim and did not identify any basis for an automatic unfair dismissal claim which would not require that length of service.
The tribunal found that the respondent had failed to pay the claimant's holiday entitlement. The respondent was ordered to pay £2,400 in respect of unpaid holiday pay.
Facts
Mrs Sharma brought claims of unfair dismissal and holiday pay against her former employer Committed Care Services. The claimant had insufficient length of service to bring an ordinary unfair dismissal claim and did not identify any automatic unfair dismissal basis that would not require the qualifying period. However, the respondent had failed to pay her accrued holiday entitlement.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the necessary two years' qualifying service and had not identified any automatic unfair dismissal claim. However, the tribunal found in favour of the claimant on the holiday pay claim and ordered the respondent to pay £2,400.
Practical note
Claimants must have two years' continuous service to bring ordinary unfair dismissal claims, but holiday pay claims can succeed regardless of length of service.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3302872/2024
- Decision date
- 16 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No