Claimant v Amazon UK Services Limited
Outcome
Individual claims
Claim struck out because the Claimant did not have the necessary two years' qualifying service pursuant to Section 108 of the Employment Rights Act 1996 and the claim was not presented within the applicable time limit.
Claim struck out under Employment Tribunal Rule 37(1)(a) for having no reasonable prospect of success. The alleged acts of race discrimination took place after the Claimant's employment had ended and the claim was not presented within the applicable time limit.
Facts
The Claimant brought claims for unfair dismissal and race discrimination against Amazon UK Services Limited. The Claimant did not attend the preliminary hearing. The alleged acts of race discrimination occurred after the Claimant's employment had ended. Both claims were presented outside applicable time limits and the Claimant lacked the two years' qualifying service required for unfair dismissal.
Decision
The tribunal struck out both claims. The unfair dismissal claim failed due to lack of qualifying service and being out of time. The race discrimination claim was struck out under Rule 37(1)(a) as having no reasonable prospect of success because the alleged discrimination occurred post-termination and was out of time.
Practical note
Claims alleging discrimination that occurred after employment ended face jurisdictional hurdles and must still be brought within statutory time limits to have reasonable prospects of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6018435/2024
- Decision date
- 7 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No