Short service employee's unfair dismissal claim struck out for lack of qualifying service
A former employee who worked for Norpol Recycling Limited for less than two years had his unfair dismissal claim struck out because he did not meet the qualifying period. The tribunal also found his disability discrimination claim was out of time.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's most recent employment was from 29 to 31 August 2022.
- The claimant failed to comply with case management order 1 by 26 May 2023.
- The claimant did not attend the preliminary hearing on 14 July 2023.
- No early conciliation certificate was issued for disability discrimination in 2020.
- The respondent provided a payslip showing payment for 11 hours at £104.50 in September 2022.
Timeline
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Claimant signed induction and health & safety rules
The claimant signed a Polish language copy of the respondent's Induction and Health & Safety Rules, including a health information questionnaire where he did not identify any health matters.
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Start of first employment period
The claimant began employment with the respondent from July to December 2020.
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End of first employment period
The claimant's first period of employment ended in December 2020.
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ACAS notified of potential claim
The claimant notified ACAS of a potential claim regarding wages and holiday pay from the 2020 period.
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ACAS email exchange
Email exchange between ACAS and Mr Tomlinson regarding the claimant's notification.
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Start of second employment period
The claimant's most recent employment with the respondent began on 29 August 2022.
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End of second employment period
The claimant's employment ended after 2-3 days on 31 August 2022.
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Early conciliation period started
The early conciliation period began on 29 September 2022.
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Early conciliation period ended
The early conciliation period ended on 9 November 2022.
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Claim form issued
The claimant issued a claim form on 19 December 2022, including complaints of unfair dismissal, disability discrimination, and unlawful deductions from wages.
The legal issue
The tribunal had to decide whether the employee's unfair dismissal claim could proceed given his short service, and whether his disability discrimination claim from 2020 was brought within the time limits.
The outcome
The tribunal struck out the unfair dismissal claim because the employee did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The disability discrimination claim was also struck out as it was out of time: the employee had not raised it with ACAS during the 2020 employment period, and no early conciliation certificate was issued. The unlawful deductions claim was dismissed for having no reasonable prospects of success, as the employer provided a payslip showing the employee had been paid for the hours worked. No compensation was awarded.
Lessons & takeaways
- Employees must have at least two years' continuous service to bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason.
- Disability discrimination claims must be brought within three months of the act complained of, and early conciliation with ACAS must be started in time.
- Failing to comply with tribunal case management orders or attend hearings can result in claims being struck out.
- Keep records of any disability or health issues disclosed to your employer, as the tribunal may require evidence that the employer was aware.
A short-lived employment and a claim that failed to get off the ground
This case shows how strict the rules on qualifying service and time limits can be. The former employee worked for Norpol Recycling Limited for only two to three days in August 2022, having previously worked for the same company from July to December 2020. When he brought claims of unfair dismissal, disability discrimination and unlawful deductions from wages, the tribunal had to decide whether any of them could proceed.
The unfair dismissal claim was the first to fall. Under the Employment Rights Act 1996, an employee needs at least two years' continuous service to bring a standard unfair dismissal claim. The former employee did not meet that threshold, so the claim was struck out at an early stage.
The disability discrimination claim was too late
The former employee also complained about disability discrimination arising from his 2020 employment. However, the tribunal found that he had not raised this with ACAS within the required time limits. An email from ACAS showed that his 2021 notification related only to wages and holiday pay, not disability discrimination. No early conciliation certificate had been issued for a discrimination claim, meaning the claim was out of time.
Unlawful deductions claim had no prospects
The final claim was for unlawful deductions from wages. The employer produced a payslip showing the former employee had been paid £104.50 for 11 hours' work in September 2022, covering his August 2022 employment. The former employee provided no evidence to suggest he was owed more, so the tribunal struck out this claim as having no reasonable prospects of success.
What this means for similar cases
This case is a reminder that employment rights are not automatic. Employees with less than two years' service have limited protection against unfair dismissal, and discrimination claims must be brought promptly. It also highlights the importance of complying with tribunal orders and attending hearings – failing to do so can lead to claims being dismissed without a full hearing.
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