Mr Kyle Johnston v SLK Scaffolding Services Ltd — 2019

The tribunal found that Mr Kyle Johnston resigned from the respondents' employment on 30 May 2018, but had not shown that he had at least two years' continuous employment for the purposes of section 108 of the Employment Rights Act 1996. The respondents established that his employment started on 13 September 2016, and the claimant failed to prove that payments received before that date were wages paid in respect of employment.

Because the qualifying service requirement was not met, the tribunal held that it had no jurisdiction to hear the complaint of unfair constructive dismissal and dismissed the claim. In light of that decision, the tribunal said it was unnecessary to consider the claimant's case management applications of 6 March 2019, including the deferred application about combining this case with the linked claim brought by the claimant's mother, Mrs Christine Ferguson, against the same respondents. The linked case was allowed to proceed to a final hearing on the merits for full disposal, including remedy if appropriate.