Former employee's unfair dismissal claim fails due to lack of two years' service
A tribunal dismissed an unfair dismissal claim after the employee withdrew it, having less than two years' continuous service. The correct employer was identified as Collect Investments Limited, not Selected Property Limited.
1 min read · Last updated 18 May 2026
Case details
- #insufficient-service
- #withdrawal
- #correct-respondent
- #liquidation
Key facts
- The claimant did not have two years' continuous service.
- The claimant withdrew her unfair dismissal claim under the Employment Rights Act 1996.
- The correct respondent was Collect Investments Limited, not Selected Property Limited.
- All claims against Selected Property Limited were dismissed.
- The claimant's discriminatory constructive dismissal claim was not affected.
Timeline
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Preliminary hearing
Employment Judge Shotter held a preliminary hearing in Manchester. The claimant attended in person; respondents did not attend.
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Judgment sent
The judgment of 13 June 2023 was sent to the parties.
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Decision date
The judgment was dated 21 August 2023.
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Judgment sent (second)
The judgment of 4 August 2023 was sent to the parties.
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Reconsideration hearing
A reconsideration hearing was held; case management orders were agreed.
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Reconsideration hearing (second)
Employment Judge Shotter dismissed the respondent's application for reconsideration due to non-compliance and non-attendance.
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Judgment sent (reconsideration)
The reconsideration judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant had the necessary two years' continuous service to bring an unfair dismissal claim and who the correct employer was.
The outcome
The tribunal dismissed the unfair dismissal claim because the claimant lacked the required two years' service and withdrew the claim. The correct respondent was identified as Collect Investments Limited, and all claims against Selected Property Limited were dismissed. The claimant's discriminatory constructive dismissal claim was not affected.
Lessons & takeaways
- You need at least two years' continuous service to bring an unfair dismissal claim in most cases.
- Make sure you name the correct employer as the respondent in your claim.
- If you withdraw a claim, it will be dismissed and you cannot bring it again.
- A lack of attendance and compliance with tribunal orders can harm your case.
When service length matters
This case highlights a fundamental rule in UK employment law: to bring an unfair dismissal claim, you generally need two years' continuous service. The former employee here did not meet that threshold, and her claim was dismissed after she withdrew it. The tribunal also clarified that the correct employer was Collect Investments Limited, not Selected Property Limited, which was also in liquidation.
The importance of getting the right respondent
A key issue was identifying the correct employer. The employee had signed a contract with Collect Investments Limited, but HMRC records showed Selected Property Limited paid her. The tribunal ruled that Collect Investments Limited was the employer, based on email exchanges with the late managing director. This shows how crucial it is to check who your legal employer is before bringing a claim.
Lessons for similar claims
For anyone considering an unfair dismissal claim, the first step is to check your length of service. If you have less than two years, you may not be able to claim unfair dismissal, though other claims like discrimination might still be possible. Also, ensure you name the right company as the respondent—getting this wrong can lead to your claim being dismissed against the wrong party.
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