N Stubbs v Grafters Ltd

N Stubbs v Grafters Ltd

The employment tribunal erred in striking out the claim for unfair dismissal under section 103A Employment Rights Act 1996 on the basis of insufficient continuity of employment, as the two-year qualifying period does not apply to such claims. The ordinary unfair dismissal claim was correctly struck out due to lack...

Source-derived case information.

Parties
Appellant: Mr N Stubbs; Respondent: Grafters Ltd
Jurisdiction
England and Wales
Judgment Date
31 May 2022
Procedural Posture
Employment Appeal / Judgment on Appeal Against Strike Out
Outcome
appeal allowed in part
Legal Topics
Unfair Dismissal, Protected Disclosure, Continuity of Employment, Strike Out Procedure
Employment Law Unfair Dismissal Protected Disclosure Continuity of Employment Strike Out Procedure

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Summary, issues, holding and outcome

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Parties

Mr N Stubbs

Appellant

Grafters Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Strike Out

Legal Issues

  1. 1 Whether the employment tribunal erred in striking out the claim for unfair dismissal under section 103A Employment Rights Act 1996 due to insufficient continuity of employment
  2. 2 Whether the two-year qualifying period applies to claims under section 103A Employment Rights Act 1996
  3. 3 Whether the ordinary unfair dismissal claim was correctly struck out

Ratio Decidendi

The employment tribunal erred in striking out the claim for unfair dismissal under section 103A Employment Rights Act 1996 on the basis of insufficient continuity of employment, as the two-year qualifying period does not apply to such claims. The ordinary unfair dismissal claim was correctly struck out due to lack of two years' continuous employment.

Court Disposition

appeal allowed in part

Orders

  • The claim for unfair dismissal based on making a protected disclosure under section 103A Employment Rights Act 1996 is remitted to the employment tribunal for further consideration.
  • The claim for ordinary unfair dismissal remains struck out.