Claimant v Compass Group UK and Ireland Ltd
Outcome
Individual claims
The claim was dismissed because the claimant lacked the minimum two years' continuous employment required under s.108(1) Employment Rights Act 1996. The claimant was employed for approximately two months only. The tribunal confirmed it had no power to extend the categories of automatic unfair dismissal to include discrimination-based dismissals.
Facts
The claimant was employed by Compass Group UK and Ireland Ltd for approximately two months before being dismissed. She brought an unfair dismissal claim, arguing that her dismissal was an act of direct race or age discrimination and therefore should not require the standard two-year qualifying period. The respondent contested jurisdiction on the basis of insufficient service.
Decision
The tribunal dismissed the unfair dismissal claim because the claimant did not have the minimum two years' continuous employment required under s.108(1) ERA 1996. The tribunal held it had no power to extend the categories of automatic unfair dismissal (which do not require two years' service) to include dismissals based on race or age discrimination, as this is a matter for Parliament.
Practical note
Unfair dismissal claims based on discrimination require two years' service unless the claim falls within an existing statutory exception for automatic unfair dismissal; tribunals cannot create new exceptions.
Legal authorities cited
Statutes
Case details
- Case number
- 2217825/2024
- Decision date
- 26 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No