Case 4104691/2018 · Employment Tribunal
Mrs N McGonigal v Renfrewshire Council — 2018
- Case reference
- 4104691/2018
- Decision date
- 29 September 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
- Venue
- Glasgow
Parties
2 namedClaimant
Mrs N McGonigal
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that the claimant joined the respondent on 19 June 2017 and that her employment ended in February 2018. Although she had around twenty years' service with other local authorities and the care inspectorate before joining the respondent, she had less than two years' service with the respondent at the date her employment ended.
The claimant relied on the Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order 1999, arguing that it gave her credit for earlier service. The Tribunal accepted that the Order gave credit for service with specified bodies, including the care inspectorate, but found that the credit applied only for the matters specified in the Order: redundancy, annual leave, sick pay and maternity leave. It did not apply to the qualifying period for bringing a standard unfair dismissal claim.
The Tribunal noted that the claimant had assumed the Order gave such credit and that the contract of employment was issued late and did not reach her due to a house move. It found that those matters did not alter the start date for qualifying service for an unfair dismissal claim, and held that the claim could not proceed because the Tribunal lacked jurisdiction under section 108 of the Employment Rights Act 1996.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal held that it did not have jurisdiction to hear the standard unfair dismissal claim because the claimant had less than two years' qualifying service with the respondent under section 108 of the Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
1 reference- section 108 of the Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.