Claimant v Atlantic Cleaning Services Limited
Outcome
Individual claims
The claim was struck out because the claimant had been employed by the respondent for less than two years and therefore did not have the requisite qualifying service to bring an unfair dismissal claim under the Employment Rights Act 1996.
The notice pay claim will proceed to a final hearing and has not yet been determined.
The unpaid wages claim will proceed to a final hearing and has not yet been determined.
Facts
Mrs Muanza brought claims against Atlantic Cleaning Services Limited for unfair dismissal, notice pay, and unpaid wages. The tribunal held a preliminary hearing to determine jurisdictional issues. The key factual issue was that the claimant had been employed for less than two years at the time of her dismissal.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the necessary two years' qualifying service required under the Employment Rights Act 1996. The remaining claims for notice pay and unlawful deduction of wages will proceed to a final hearing as these claims do not have a qualifying service requirement.
Practical note
Unfair dismissal claims require two years' continuous employment as a qualifying period, and claims brought without meeting this threshold will be struck out at preliminary hearing, though contractual and wages claims can proceed without such qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 3306926/2024
- Decision date
- 4 February 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No