Mrs L. Smith v The Works Family Ltd — 2021

This was a preliminary hearing on the Claimant's ordinary unfair dismissal complaint. The Tribunal recorded that the claim was presented in time, but the Claimant did not have the two years' continuous employment required by section 108 of the Employment Rights Act 1996 to pursue an ordinary unfair dismissal claim. The judge explained that requirement to her at the hearing.

The Claimant said she left the Respondent's employment because of Mr Bolton's behaviour. The judge noted that the explanation she gave was consistent with a constructive dismissal claim, but the Claimant confirmed that she had no claims against the Respondent other than ordinary unfair dismissal. She also confirmed that she was not relying on any protected disclosure, and the information previously requested in relation to a possible whistleblowing claim had not been provided.

The parties did not dispute the Claimant's dates of employment. She had worked for the Respondent from 15 February 2019 until 15 October 2020, which was less than two years. The Tribunal therefore found that the statutory qualifying period was not met and the unfair dismissal claim could not proceed.

The Claimant also confirmed that she was not owed any money under her contract of employment and that no other claims were outstanding. The Tribunal dismissed the claim.