Miss K Laing v Kingsmills Hotel (Inverness) Limited — 2019

At the preliminary hearing on 11 December 2019, Employment Judge A Kemp considered whether Miss K Laing had the continuous service needed to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996. The respondent said there was a break in continuity between 8 April 2017 and 1 July 2017; the claimant said she had remained on the books and had worked on 28 May 2017 and 11 June 2017. The tribunal accepted evidence that she had started work on 7 September 2015, moved to more regular work and bar supervisor duties in about May 2016, and had resigned on 17 March 2017 to take another full-time job.

The tribunal found that the claimant's employment ended on 8 April 2017 when the respondent processed her resignation, issued a P45 and paid accrued wages and holiday pay. Although it accepted that she worked on 28 May 2017 and 11 June 2017, the tribunal held that there were gaps of more than six weeks, then more than a week, and then more than two weeks with no work, so continuity was broken under section 210 ERA 1996 and the essential mutuality of obligation was missing. As continuous service therefore began only on 1 July 2017, the claimant did not have the two years' service required for unfair dismissal, and that claim was dismissed for want of jurisdiction. The breach of contract claim was allowed to proceed to a final hearing.