Claimant v All.Space Limited
Outcome
Individual claims
The tribunal had no jurisdiction to hear the unfair dismissal claim because the claimant's period of employment with the respondent was less than two years, which is the statutory minimum qualifying period for ordinary unfair dismissal claims under s94 Employment Rights Act 1996.
Facts
Terry Catchpole brought an unfair dismissal claim against his former employer All.Space Limited. The claimant was employed by the respondent for less than two years before his employment ended. The matter came before the tribunal as a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim.
Decision
The tribunal dismissed the unfair dismissal claim on jurisdictional grounds. Employment Judge W Anderson found that the tribunal had no jurisdiction to hear the claim because the claimant had not been employed for the minimum two-year qualifying period required under s94 Employment Rights Act 1996 for ordinary unfair dismissal claims.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment, and claims brought without this qualifying period will be dismissed for lack of jurisdiction at preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 3300088/2024
- Decision date
- 30 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No