Mrs B Rulka (Deceased) v Represented by: Ms A Rulka - Daughter APL Domestic Services Limited t/a Servicemaster — 2022

The claimant worked as a cleaner for the respondent from 1 June 2018. After a leg problem in June 2019 she went off sick, received Statutory Sick Pay for 28 weeks, and remained unable to do her normal physically demanding work. In February 2020 she met Mr and Mrs Muir, who said there were no alternative duties available. Mrs Muir then wrote on 12 February 2020 saying the claimant's employment was effectively at an end, although the claimant continued to receive payslips for a time because of a payroll communication error.

The tribunal accepted that the claimant had genuinely not appreciated that her employment had ended, and it found that sending fit notes after the February 2020 meeting did not continue the employment relationship. It found on the balance of probabilities that the employment ended on 11 February 2020, meaning the claimant had not completed the two years' continuous service required by section 108(1) ERA 1996 to bring a general unfair dismissal claim.

Because the claimant lacked the necessary qualifying service, the tribunal did not go on to decide whether there was a dismissal, whether the respondent had a potentially fair reason under section 98(1) and (2) ERA 1996, or whether section 98(4) ERA 1996 was satisfied. The only claim left for determination was therefore dismissed.