Case 4122792/2018 · Employment Tribunal
Derrick v NIC Services Group Ltd — 2019
- Case reference
- 4122792/2018
- Decision date
- 27 June 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sutherland Stacey
- Venue
- Glasgow
Parties
2 namedClaimant
Derrick
Respondent
Key findings
Tribunal's reasoningThe preliminary hearing was fixed to determine the dates of the claimant's employment with each respondent and whether she had the requisite qualifying service for an unfair dismissal claim. The claimant withdrew her claim against the Second Respondent after discussion of its role as a potential witness rather than a party.
The parties agreed that the claimant's effective date of termination was 26 October 2018 and that her employment was a single period of continuous employment. The disputed issue was her start date. The tribunal considered two engagement forms, wage records, and the claimant's evidence about when she began work.
The tribunal found the claimant's evidence about a 23 October 2016 start date, and about the provenance and signing of the 23 October form, to be inconsistent and unreliable. It found that she started work on 29 October 2016, meaning she did not have two years' continuous service by the effective date of termination. Her unfair dismissal claim against the First Respondent was therefore dismissed.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim against the First Respondent was dismissed because the claimant did not have the necessary qualifying service to bring an unfair dismissal complaint. | Dismissed | — | — |
| Unfair dismissal | The claim against the Second Respondent was withdrawn by the claimant and dismissed following withdrawal. | Withdrawn | — | — |
Legal tests applied
1 reference- 2 years continuous service qualifying service
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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