Ms S Terrassier v X3 Consulting Ltd: 6027371/2025
JUDGMENT
[1]The claimant was an employee of the respondent from 1 September 2023 until the effective date of termination, which was 13 June 2025.[2]There was no contract of employment (and, in fact, no contract at all) between the parties until, on 18 August 2023, a contract was formed under which the claimant commenced continuous employment from 1 September 2023.[3]As a result of the above, the period of continuous employment was less than two years as of the effective date of termination[4]Section 108(1) of the Employment Rights Act 1996 ("ERA”) applies. For the avoidance of doubt, none of the exceptions or qualifications in the remainder of section 108 ERA apply[5]In other words because the claimant had been employed for less than two years she had not yet acquired the right granted by section 94 ERA.[6]Thus the decision on the preliminary issue is that the complaint of unfair dismissal is dismissed because the claimant had not been employed by the respondent for the necessary qualifying period. Judgment: Page 1 of 2 Case No: 6027371/2025[7]The only complaint presented was unfair dismissal. Therefore, the consequence of the decision on the preliminary issue is that the entire claim has been dismissed. Approved by: