Ms. W. Gainey v Compass Group UK and Ireland Ltd. Hearing: Public Preliminary Hearing — 2025

At a public preliminary hearing on 23 January 2025 before Employment Judge Tinnion, the Tribunal considered the Claimant's unfair dismissal claim against Compass Group UK and Ireland Ltd under the Employment Rights Act 1996. The Tribunal dismissed the claim because the Claimant had not been employed by the Respondent for the minimum period of 2 years required to bring an unfair dismissal claim.

The Tribunal recorded that it was not in dispute, and the Claimant accepted, that she had been employed for approximately 2 months. It therefore found that she did not satisfy the qualifying service requirement in s.108(1) of the Employment Rights Act 1996, which applies to claims under ss.94-98. The Tribunal noted that some unfair dismissal claims do not require 2 years' service, but said that the categories of automatic unfair dismissal do not include complaints that a dismissal was unfair because it was an act of direct race or age discrimination under s.13 of the Equality Act 2010.

The Claimant argued that unfair dismissal complaints based on direct race or age discrimination should be treated as automatic unfair dismissal claims so that the 2-year qualifying period would not apply. The Tribunal rejected that submission, stating that it had no power or discretion to extend the existing statutory categories of automatic unfair dismissal, which was a matter for Parliament. The judgment therefore records a straightforward jurisdictional dismissal of the unfair dismissal claim, with no remedy awarded.