Claimant v Hertfordshire County Council
Outcome
Individual claims
The tribunal found it had no jurisdiction to hear the unfair dismissal claim because the claimant did not have the requisite 2 years' continuity of service required under s.94 of the Employment Rights Act 1996. The claimant also did not assert a protected disclosure which would have exempted her from the qualifying period.
Facts
Miss Burrows brought an unfair dismissal claim against Hertfordshire County Council. The case came before the tribunal at a preliminary hearing to determine jurisdiction. The claimant appeared in person while the respondent was represented by a paralegal.
Decision
The tribunal dismissed the claim for lack of jurisdiction. The claimant did not have the required 2 years' continuity of service to bring an ordinary unfair dismissal claim under s.94 ERA 1996, and she did not assert a protected disclosure that would have exempted her from the qualifying period under ss.47B or 103A ERA.
Practical note
Claimants must have at least 2 years' continuous service to bring ordinary unfair dismissal claims, unless they can establish an automatically unfair reason such as whistleblowing which has no qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 3305117/2024
- Decision date
- 24 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Hertfordshire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No