Claimant v 3RIO Group Limited
Outcome
Individual claims
The tribunal initially dismissed the claim due to insufficient qualifying service. On reconsideration, the claimant established continuous employment for more than two years with the respondent. The tribunal therefore found the claim well-founded and the dismissal unfair.
Facts
The claimant initially had his unfair dismissal claim dismissed because the tribunal found he did not have the required two years' qualifying service. The claimant applied for reconsideration and provided evidence establishing he had been continuously employed for more than two years by the respondent. The tribunal granted reconsideration and varied the original judgment.
Decision
The tribunal granted the reconsideration application and found the unfair dismissal claim was well-founded. The claimant was awarded a basic award of £4,375 but no compensatory award was made. The tribunal declined to make an award for failure to provide written terms as this was not raised in the claim form.
Practical note
A reconsideration can succeed where new evidence establishes qualifying service that was initially disputed or unclear, but claims not raised in the original claim form cannot be added at reconsideration stage.
Award breakdown
Case details
- Case number
- 2400864/2024
- Decision date
- 15 October 2024
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No