Claimant v Inspire Community Services Limited
Outcome
Individual claims
The unfair dismissal claim brought under sections 94 and 98 of the Employment Rights Act 1996 was dismissed by the tribunal. The judgment indicates the claimant lacks the requisite qualifying period of employment or otherwise fails to meet the statutory requirements for an unfair dismissal claim. The discrimination claims remain live.
The tribunal specifically preserved the claimant's disability discrimination complaints including discriminatory dismissal. These claims remain outstanding and were not determined at this preliminary hearing, which dealt only with the dismissal of the unfair dismissal claim.
Facts
The claimant N Andrew brought claims against Inspire Community Services Limited including unfair dismissal and disability discrimination including discriminatory dismissal. The case was heard as a preliminary hearing by video on 17 March 2025. The claimant represented themselves while the respondent was represented by a solicitor.
Decision
The tribunal dismissed the claimant's unfair dismissal claim brought under sections 94 and 98 of the Employment Rights Act 1996, likely due to insufficient qualifying service or failure to meet statutory requirements. The tribunal specifically preserved the claimant's disability discrimination complaints including discriminatory dismissal, which remain to be determined at a future hearing.
Practical note
A claimant without qualifying service for ordinary unfair dismissal can still pursue disability discrimination claims including discriminatory dismissal, which have no qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6019769/2024
- Decision date
- 17 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No