Cases→6017398/2024

Claimant v Sense, The National Deafblind and Rubella Association

14 April 2025Before Employment Judge Mr J S Burnson papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant had less than two years' continuous service, which is the statutory qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The tribunal had no jurisdiction to hear this claim.

Constructive Dismissalnot determined

This claim remains live and is not affected by the strike-out judgment. The judgment specifically states that other complaints, including any claim that constructive dismissal was discriminatory, are not affected.

Direct Discriminationnot determined

Discrimination claims remain live and are not affected by the strike-out of the unfair dismissal complaint. The judgment explicitly preserves any claim that the constructive dismissal was discriminatory.

Facts

The claimant J Prime was employed by Sense, a national charity for deafblind individuals, for less than two years before her employment ended. She brought claims including unfair dismissal and allegations that her constructive dismissal was discriminatory. The respondent or tribunal identified that the unfair dismissal claim could not proceed due to insufficient qualifying service.

Decision

The tribunal struck out the unfair dismissal claim because the claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The tribunal expressly preserved the claimant's other complaints, including discrimination claims and any allegation that her constructive dismissal was discriminatory.

Practical note

Ordinary unfair dismissal claims require two years' qualifying service, but discrimination claims related to dismissal do not have any qualifying period and can proceed regardless of length of service.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6017398/2024
Decision date
14 April 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Sense, The National Deafblind and Rubella Association
Sector
charity
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No
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