ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102791/2019 Preliminary Hearing at Edinburgh on May 2019 Employment Judge: M A Macleod Charlene MacDonald v Represented by Mr T Graham Lay Representative Sky Subscribers Services Limited — 2019

The claimant brought a single claim of unfair dismissal after her employment with the respondent ended on 9 September 2018. The tribunal found that she started work on 16 February 2018 and therefore had just under seven months' service by the effective date of termination. The respondent argued that the tribunal lacked jurisdiction because she did not meet the two-year qualifying service requirement in section 108(1) of the Employment Rights Act 1996.

The tribunal accepted that the claimant wished to pursue the case and that she had also raised arguments about grievance handling and time limits, but it held that those matters did not alter the statutory service requirement. It stated that there was no discretion to hear an unfair dismissal claim where the claimant could not show two years' qualifying service. The tribunal therefore concluded that it had no jurisdiction to hear the claim.

Although the parties also addressed whether the claim was presented in time and whether early conciliation extended the limitation period, the tribunal said it was unnecessary to decide that issue because the claim failed in any event for want of qualifying service. The claim was accordingly dismissed.