Mr A Murrell v Robertson Group Ltd — 2022

Mr A Murrell presented his claim on 2 July 2022 and ticked the unfair dismissal box on the claim form. His case was that he had been offered a contract, later told the offer had been withdrawn, and had not received written confirmation before the proposed start date. The tribunal issued a rule 27 notice raising the issue of jurisdiction because he did not appear to have qualifying service for an unfair dismissal claim.

At the hearing on 3 October 2022, the claimant accepted that he did not have the necessary period of service to pursue unfair dismissal. He argued that the claim form also encompassed breach of contract, relying on the narrative he had entered on the form. The respondent submitted that the form showed unfair dismissal only, that there had been a separate opportunity to indicate a breach of contract claim, and that it would not be fair to allow that point to be advanced at that stage.

The tribunal found that the claim before it was unfair dismissal only. It noted that the unfair dismissal box had been ticked and that the claimant's narrative described a withdrawn offer and an asserted termination of employment, which supported that characterisation. It therefore dismissed the claim because the tribunal had no jurisdiction to determine it without qualifying service. No monetary award was made.