Claimant v Secretary of State for Justice
Outcome
Individual claims
The tribunal found the claimant had not been continuously employed for a period of not less than two years at the date of resignation, which is a qualifying requirement for unfair dismissal claims. Additionally, the claim was not presented in time despite it being reasonably practicable to do so.
Facts
Mr Saleem resigned from his employment with the Ministry of Justice and brought a claim for unfair dismissal. The case was heard as a preliminary hearing to determine whether the claimant had the necessary qualifying period of employment and whether the claim was presented in time. The claimant was represented by a civil servant colleague rather than a legal professional.
Decision
The tribunal dismissed the claim on two jurisdictional grounds: first, the claimant had not accrued two years' continuous employment required to bring an unfair dismissal claim; and second, the claim was presented outside the statutory time limit when it was reasonably practicable to present it in time.
Practical note
Employment tribunals have no jurisdiction to hear unfair dismissal claims where the claimant lacks the two-year qualifying period, regardless of the merits of the underlying complaint.
Legal authorities cited
Statutes
Case details
- Case number
- 1308878/2023
- Decision date
- 25 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep