Claimant v Nissan Motor Manufacturing (UK) Limited
Outcome
Individual claims
The claim was dismissed upon withdrawal because the claimant was employed for less than two years and therefore did not have the qualifying service required to bring an ordinary unfair dismissal claim.
The claimant's application to amend the claim form to include disability discrimination was refused by the tribunal at the preliminary hearing, effectively preventing this claim from proceeding.
The claimant's application to amend the claim form to include sex discrimination was refused by the tribunal at the preliminary hearing, effectively preventing this claim from proceeding.
Facts
Miss Bainbridge was employed by Nissan Motor Manufacturing (UK) Ltd for less than two years. She brought an unfair dismissal claim and subsequently sought to amend her claim to include disability discrimination and sex discrimination complaints. The matter was listed for a preliminary hearing to determine the amendment application and the viability of the unfair dismissal claim.
Decision
The tribunal refused the claimant's application to amend her claim to include disability and sex discrimination complaints. The unfair dismissal claim was dismissed upon withdrawal on the basis that the claimant lacked the required two years' qualifying service.
Practical note
Unrepresented claimants lacking two years' service cannot pursue ordinary unfair dismissal claims, and amendment applications to add discrimination claims at a preliminary hearing may be refused by the tribunal.
Case details
- Case number
- 2500921/2024
- Decision date
- 9 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No