E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102634/2019 & 4102635/2019 Held in Glasgow on June 2019 Employment Judge F J Garvie Mr J Hollas v HF Irvine Hotels Ltd — 2019

The tribunal dealt first with the first claimant's unfair dismissal claim. It accepted that he had been employed from 27 April 2017 until dismissal on 29 December 2018, with earlier employment transferred under TUPE from Hallmark Hotels to HF Irvine Hotels Ltd. The tribunal explained that section 94 of the Employment Rights Act 1996 is subject to the two-year qualifying period in section 108, and the first claimant accepted that he did not have two years' continuous service.

On that basis, the tribunal held that it had no jurisdiction to hear the first claimant's unfair dismissal claim and dismissed it. No evidence was led for the respondent on the merits because the point was determined as a preliminary issue on qualifying service.

The tribunal also dealt with the second claimant's position as part of the same ET1/ET1a process. It accepted that an ACAS early conciliation certificate existed for her and that the minor error in naming the respondent on the certificate did not prevent the claim being accepted. It recorded that the second claimant had more than two years' qualifying service and that her claim would proceed to a final hearing, but it did not determine the merits of that claim in this judgment.