Mrs James, Mother For the v Respondent — 2024

The claimant worked on a casual basis at Althorp House during summer seasons and occasionally at other times. The tribunal found there was no obligation on the respondent to offer hours and no obligation on the claimant to accept them, and concluded that the claimant did not have the qualifying two years' continuous employment required for the constructive unfair dismissal claim.

On rest breaks, the tribunal found that the claimant knew how to arrange breaks through Miss Cessford and had not raised any issue until shortly before his resignation. It also noted that the respondent had already paid GBP 336 as a goodwill, non-admission payment for time the claimant allegedly worked through rest breaks.

The tribunal dismissed the direct age discrimination claim because it found nothing in the evidence suggesting different treatment because of age, and the claimant had not put that allegation to the respondent's witness despite prompts. It also dismissed the part-time worker claim, finding that the claimant was engaged as a casual worker, the comparators were materially different, and in any event he was allocated and allowed statutory rest breaks.