Former employee loses unfair dismissal and discrimination claims after failing to pursue them
A former employee's unfair dismissal claim was dismissed for lack of continuity of employment, and his race discrimination claim was thrown out as out of time. Other claims were struck out for failing to actively pursue them.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant brought claims of unfair dismissal, breach of contract, unpaid holiday pay, unpaid wages, and race discrimination.
- The unfair dismissal claim was dismissed because the claimant lacked sufficient continuity of employment under s.108 ERA 1996.
- The breach of contract, unpaid holiday pay, and unpaid wages claims were struck out for failure to actively pursue them.
- The race discrimination claim was dismissed as out of time and not just and equitable to extend time.
- The respondent's counterclaim for £298.33 was allowed to proceed to a final hearing.
Timeline
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Claim presented
The claimant presented claims of unfair dismissal, breach of contract, unpaid holiday pay, unpaid wages, and race discrimination.
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Preliminary hearing on unfair dismissal
Employment Judge Craft dismissed the unfair dismissal claim due to insufficient continuity of employment.
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Warning letter sent
The claimant was warned that his complaints of breach of contract, unpaid holiday pay, and unpaid wages may be struck out if not actively pursued.
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Final hearing on remaining claims
Employment Judge Aspinall struck out the breach of contract, unpaid holiday pay, and unpaid wages claims, and dismissed the race discrimination claim as out of time.
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Counterclaim final hearing scheduled
The respondent's counterclaim for £298.33 is listed for final hearing.
The legal issue
The tribunal had to decide whether the employee had sufficient continuous employment to claim unfair dismissal, whether his race discrimination claim was brought in time, and whether his other claims should be struck out for failing to pursue them.
The outcome
The tribunal dismissed the unfair dismissal claim because the employee lacked the required two years' continuous service under s.108 ERA 1996. The race discrimination claim was dismissed as it was brought outside the three-month time limit and it was not just and equitable to extend time. The claims for breach of contract, unpaid holiday pay, and unpaid wages were struck out after the employee failed to actively pursue them despite a warning. No compensation was awarded. The respondent's counterclaim for £298.33 was allowed to proceed to a final hearing.
Lessons & takeaways
- Check your continuous service length before bringing an unfair dismissal claim — you generally need two years.
- Race discrimination claims must be brought within three months of the act — delays are rarely excused.
- If you bring multiple claims, you must actively pursue all of them or risk having them struck out.
- Representing yourself can be challenging — consider seeking legal advice to avoid procedural pitfalls.
This case shows how quickly an employment claim can unravel when procedural requirements are missed. The former employee brought a range of claims against Senol & Senol Ltd, including unfair dismissal, race discrimination, breach of contract, and unpaid wages. However, the tribunal found that he did not have enough continuous service to bring the unfair dismissal claim — a basic requirement under UK law. His race discrimination claim was also out of time, and the tribunal declined to extend the deadline.
What went wrong
The employee's other claims — breach of contract, unpaid holiday pay, and unpaid wages — were struck out because he failed to actively pursue them. The tribunal had sent a warning letter in September 2023, giving him a chance to show he was still progressing the claims, but he did not respond. This illustrates a key point: bringing a claim is only the first step; you must keep the tribunal updated and engage with the process.
The result
All of the employee's claims were either dismissed or struck out, and no compensation was awarded. The respondent's counterclaim for £298.33 was allowed to proceed, meaning the employee could end up owing money. For anyone considering similar claims, this case is a reminder to check eligibility criteria, meet deadlines, and actively manage your case from start to finish.
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