Cases6006967/2024

Claimant v Lucinda Ellery Limited

16 April 2025Before Employment Judge CoenLondon Centralremote video

Outcome

Other

Individual claims

Unfair Dismissalstruck out

The tribunal struck out the unfair dismissal claim as the claimant did not have the required two years' continuous service to bring such a claim, having only worked from 24 October 2023 to 10 July 2024 (less than one year). The tribunal lacked jurisdiction to hear the claim.

Whistleblowingstruck out

The claim was struck out as it had no reasonable prospect of success. The claimant misunderstood the legal meaning of 'whistleblowing', believing it referred to colleagues talking behind her back, rather than the legal definition of making a protected disclosure under the Public Interest Disclosure Act 1998. Her complaints did not constitute qualifying disclosures.

Direct Discrimination(race)not determined

The race discrimination claim was allowed to proceed. The tribunal clarified the allegations through discussion with the claimant, including treatment by colleagues, being asked to do things differently from others, and her dismissal following return from sick leave. These allegations were included in a List of Issues for future determination.

Unlawful Deduction from Wagesnot determined

The claim was allowed to proceed. The claimant alleged her salary had been increased in April 2024 but she did not receive any increase in her monthly payments. This claim was identified for future determination at a substantive hearing.

Breach of Contractnot determined

The notice pay claim for one week's notice was allowed to proceed and was identified for future determination at a substantive hearing.

Holiday Paynot determined

The holiday pay claim was allowed to proceed. The claimant alleged she had accrued but unpaid holiday pay on termination of employment. This claim was identified for future determination at a substantive hearing.

Facts

The claimant worked as a hair studio assistant from 24 October 2023 to 10 July 2024. She alleged workplace bullying, being treated differently from colleagues, and being dismissed following return from sick leave. She filed three separate claim forms raising unfair dismissal, race discrimination, whistleblowing, and various payment claims. The respondent was represented by its HR Manager at the preliminary hearing where the claimant appeared in person, assisted by her housing support worker.

Decision

The tribunal struck out the unfair dismissal claim for lack of the required two years' service, and the whistleblowing claim as based on a misunderstanding of the legal definition. The tribunal also struck out the second and third claim forms as duplicative of the first. The race discrimination, notice pay, holiday pay and unauthorised deductions claims were allowed to proceed to a full hearing.

Practical note

Claimants must understand basic qualifying criteria (two years' service for unfair dismissal) and legal definitions (whistleblowing as protected disclosure, not colleagues gossiping), and should avoid filing multiple duplicative claims which risk strike-out.

Legal authorities cited

Cox v Adecco Group UK EAT/0339/19/AT

Statutes

Public Interest Disclosure Act 1998Employment Rights Act 1996 s.108

Case details

Case number
6006967/2024
Decision date
16 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
lay rep

Employment details

Role
Hair studio assistant
Service
9 months

Claimant representation

Represented
No