Claimant v Marshall Motor Group Limited
Outcome
Individual claims
The tribunal found it had no jurisdiction to hear the claim because the claimant did not have two years' continuous service as required under section 108 of the Employment Rights Act 1996. The claim was dismissed on jurisdictional grounds.
The tribunal found that there had been no unlawful deduction from the claimant's wages. The claim failed on its merits and was dismissed.
Facts
The claimant brought claims for unfair dismissal and unlawful deductions from wages against his former employer, Marshall Motor Group Limited. This was a preliminary hearing to determine jurisdictional and substantive issues. The respondent was represented by counsel, while the claimant represented himself.
Decision
The tribunal dismissed both claims. The unfair dismissal claim was dismissed on jurisdictional grounds as the claimant did not have the required two years' continuous service under section 108 ERA 1996. The unlawful deduction from wages claim was dismissed on its merits, the tribunal finding no unlawful deduction had occurred.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and preliminary hearings can dispose of claims on jurisdictional grounds without examining the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2302973/2024
- Decision date
- 18 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No