Ms Challans v Bloxham School Ltd and Hays Specialist Recruitment Ltd: 3304337/2022
JUDGMENT
The complaint of ordinary unfair dismissal (s98 Employment Rights Act 1996 (“ERA”)) is struck out.REASONS
[1]At a preliminary hearing on 23 March 2023, it was clarified that the claimant accepts she did not have two years’ service with either respondent. Two years’ service is a pre-condition of presenting a claim of ordinary unfair dismissal under s108 ERA. As such, the Tribunal does not have jurisdiction to hear this claim.[2]For the avoidance of doubt, the claimant’s claims of automatic unfair dismissal (whistleblowing) and detriment (whistleblowing) remain listed for hearing on 27, 28, 29 September 2023.