Claimant v City Cruises Limited
Outcome
Individual claims
The tribunal dismissed the claim as it did not have jurisdiction to consider it because the claimant did not have sufficient qualifying service under section 108 Employment Rights Act 1996, which requires two years' continuous employment to bring an ordinary unfair dismissal claim.
The claimant succeeded in his notice pay claim. The tribunal found he was contractually entitled to 4 weeks' notice pay but was only paid 1 week when the respondent terminated his contract, leaving him entitled to 3 weeks' additional notice pay.
The tribunal found that the claimant was not a disabled person as defined under section 6 Equality Act 2010 at the relevant time, meaning he could not bring a disability discrimination claim. In the alternative, even if he had been disabled, the direct disability discrimination claims would have failed on their merits.
Facts
Mr Tchoudinov brought claims against City Cruises Limited for unfair dismissal, wrongful dismissal (notice pay), and direct disability discrimination. He was dismissed but had insufficient service for an unfair dismissal claim. He was contractually entitled to 4 weeks' notice but only received 1 week. He also claimed to be disabled and alleged direct discrimination on grounds of disability.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction due to insufficient service. The notice pay claim succeeded, with the tribunal awarding £1,499.40 for 3 weeks' unpaid notice. The disability discrimination claims failed because the claimant was not found to be a disabled person within the meaning of the Equality Act 2010, and would have failed on their merits in any event.
Practical note
Claimants without two years' service cannot bring ordinary unfair dismissal claims, but can still succeed on contractual claims such as notice pay and must prove they meet the statutory definition of disability before bringing discrimination claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2307956/2023
- Decision date
- 3 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No