Mrs A Bricknell v Custom Group Limited — 2020

Mrs A Bricknell brought claims against Custom Group Limited for unlawful deductions, a redundancy payment, and unfair dismissal. The unlawful deductions claim was recorded as dismissed on withdrawal, so the tribunal did not determine it on the merits.

The redundancy payment claim failed because the claimant had less than two years' continuous service at the effective date of termination, which meant she did not meet the qualifying requirement in s.155 Employment Rights Act 1996.

The unfair dismissal claim also failed because the claimant had less than two years' continuous service at the effective date of termination, so the ordinary unfair dismissal protection in s.108(1) Employment Rights Act 1996 did not apply. The tribunal further found that the dismissal was not for a reason falling within s.108(2), (3), (4) or (5), so no exception to the qualifying period was engaged.