Claimant v CBRE GWS
Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim as it lacked jurisdiction. The claimant had not been dismissed when the claim was filed on 24 April 2024, but was only dismissed later on 27 June 2024. Under s95 Employment Rights Act 1996, there must be a dismissal before a claim can be brought.
This claim for protected disclosure detriment continues and has not yet been determined at a full merits hearing.
This claim for unauthorised deductions from wages continues and has not yet been determined at a full merits hearing.
Facts
The claimant filed an employment tribunal claim on 24 April 2024 including a complaint of unfair dismissal. At that time he had not been dismissed but was expecting to be. He was subsequently dismissed on 27 June 2024. The claimant also brought claims of protected disclosure detriment and unauthorised deductions from wages.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction, as the claimant had not been dismissed when he filed his claim and section 95 ERA 1996 requires an actual dismissal to have occurred. The protected disclosure detriment and unauthorised deductions from wages claims were allowed to continue.
Practical note
A claim of unfair dismissal cannot be brought before the dismissal has actually occurred, even if the employee anticipates being dismissed imminently.
Legal authorities cited
Statutes
Case details
- Case number
- 3304267/2024
- Decision date
- 31 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- CBRE GWS
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No