Claimant v LTE Group
Outcome
Individual claims
The claimant does not have two years' service with the respondent. His period of agency work was from 30 January 2023 to 31 January 2024, and he was then employed from 1 February 2024 until 28 March 2024. Even including his time as an agency worker, he does not have the required two years' service. Furthermore, the claimant's submissions did not show that the circumstances of his claim fell within any of the exceptions to the need for two years' service.
Facts
The claimant worked as an agency worker for the respondent from 30 January 2023 to 31 January 2024. He was then directly employed from 1 February 2024 until he was dismissed without notice on 28 March 2024. The claimant brought an unfair dismissal claim, which was struck out at an earlier hearing. He applied for reconsideration of that decision, submitting that the tribunal had not considered his email of 9 December 2024.
Decision
The tribunal refused the application for reconsideration on the basis that there was no reasonable prospect of the original decision being varied or revoked. The tribunal confirmed it had seen and considered the claimant's email of 9 December 2024. Even taking into account the claimant's agency work, he did not have the required two years' service for an ordinary unfair dismissal claim, and no exceptions applied.
Practical note
Agency workers seeking to bring unfair dismissal claims must have two years' continuous service, and mere assertion of continuity without meeting statutory exceptions will not satisfy the qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 6016404/2024
- Decision date
- 13 February 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- LTE Group
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No