Case 4108034/2020 · Employment Tribunal
Miss M Gemmell v Saltire Facilities Management Ltd — 2021
- Case reference
- 4108034/2020
- Decision date
- 23 March 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Kemp
Parties
2 namedClaimant
Miss M Gemmell
Respondent
Key findings
Tribunal's reasoningMiss M Gemmell brought a claim of unfair dismissal under section 94 of the Employment Rights Act 1996. Employment Judge Kemp recorded that she had been employed by Saltire Facilities Management Ltd from 9 September 2020 to 11 November 2020.
Because that period did not amount to two years' continuous employment, the tribunal held that it did not have jurisdiction to hear the unfair dismissal claim. The claim, so far as it related to unfair dismissal, was therefore struck out under rule 37(1)(a) on the ground that it had no reasonable prospect of success in light of the lack of jurisdiction. The judgment also states that the other claims referred to in the Note following the hearing on 4 March 2021 were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under rule 37(1)(a) of the Employment Tribunals Rules of Procedure 2013 because the tribunal had no jurisdiction: the claimant did not have the two years' continuous employment required by section 108 ERA 1996. | Struck out | — | — |
Legal tests applied
3 references- s.94 ERA 1996
- s.108 ERA 1996
- rule 37(1)(a) Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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.
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