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#preliminary-hearing

67 cases tagged Preliminary Hearing.

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Showing the 20 most recent of 67 cases

Partial win · Jun 2024

Payments consultant allowed to add minimum wage and wrongful dismissal claims

A tribunal has granted a payments consultant permission to amend his claim to include wrongful dismissal and National Minimum Wage complaints, but refused to add automatic unfair dismissal. The case highlights the hurdles of bringing claims when working through a limited company.

fixed-term-employeeage-discriminationconstructive-dismissal
Claim dismissed · Dec 2023

Funeral director with 31 years' service fails to establish disability status

An employment tribunal has ruled that a funeral director with 31 years' service was not a disabled person under the Equality Act, dismissing his disability discrimination claims.

anxiety-depressionhigh-blood-pressuredyslexia
Claim dismissed · Dec 2023

Site Manager with 8 months' service loses unfair dismissal claim

A site manager who was dismissed after just eight months had his unfair dismissal claim struck out for lack of qualifying service. His race discrimination claims were allowed to proceed but subject to a £100 deposit order.

race-discriminationdeposit-orderstrike-out
Claim dismissed · Nov 2023

ADHD disability claim fails for lack of medical evidence

A former employee who claimed disability discrimination based on ADHD had her claim dismissed after the tribunal found she had not proven she had the condition on the balance of probabilities.

adhddyslexiapreliminary-hearing
Claim dismissed · Nov 2023

Discrimination claims struck out after failure to provide clear particulars

A former employee's race and religion discrimination claims were struck out after she failed to provide a properly constructed amendment despite a tribunal order. Her solicitor's last-minute postponement request was refused.

race-discriminationreligion-or-belief-discriminationstrike-out
Claim dismissed · Nov 2023

19-year employee's claims dismissed as out of time despite disabilities

A bureau operator with 19 years' service had his claims for breach of contract and discrimination thrown out because they were lodged over four years after his dismissal.

out-of-timebreach-of-contractdisability-discrimination
Claim dismissed · Oct 2023

Harassment claim against individual manager allowed to proceed late

A former employee's harassment and victimisation claims against her employer were deemed in time if there was conduct over a period, but time was extended for a harassment claim against the individual manager.

preliminary-hearingtime-limitsharassment
Claim dismissed · Oct 2023

Sciatica claim fails at first hurdle: not disabled under Equality Act

A tribunal found a passenger assistant with sciatica was not disabled at the time of her dismissal, because her symptoms had not lasted 12 months and there was no evidence they would. The disability discrimination claim was dismissed.

sciaticalong-term-impairmentpreliminary-hearing
Claim dismissed · Oct 2023

Unfair dismissal claim dismissed: the two-year service rule in action

A former employee's unfair dismissal claim against the Independent Office for Police Conduct was thrown out at a preliminary hearing because she had not worked there long enough to qualify for protection.

unfair-dismissalinsufficient-continuous-employmentjurisdictional-point
Respondent won · Sept 2023

Wrong dismissal date in claim form: tribunal dismisses unfair dismissal claim

A former employee's unfair dismissal claim was dismissed after a full merits hearing, but a preliminary hearing over a mistaken dismissal date nearly cost him £850 in wasted costs.

time-limitseffective-date-of-dismissalpreliminary-hearing
Claim dismissed · Sept 2023

Asbestos removal workers' TUPE claims struck out: no transfer found

A group of former asbestos removal workers had their claims against three companies struck out after the tribunal found there was no TUPE transfer of their employment.

tupe-transferstrike-outno-reasonable-prospect
Remitted · Sept 2023

Pregnancy dismissal claim survives employer identity dispute

A former employee's pregnancy-related unfair dismissal claim against Wales England Care Ltd was allowed to proceed after the tribunal identified the correct employer, dismissing claims against a dissolved company and a liquidated one.

pregnancy-discriminationautomatic-unfair-dismissalemployer-identity
Claim dismissed · Sept 2023

Amendment refused: late addition of protected disclosure claims struck out

A security officer who tried to add two new protected disclosures to his unfair dismissal claim 16 months after presenting his claim was refused by the tribunal, which found it was reasonably practicable to have included them earlier.

protected-disclosureamendment-applicationtime-limit
Partial win · Aug 2023

Dilated right kidney held to be a disability under Equality Act

A former employee with a dilated right kidney has been found disabled under the Equality Act, allowing his discrimination claims to proceed to a full hearing.

disability-discriminationdilated-right-kidneyphysical-impairment
Claim dismissed · Aug 2023

Former employee's unfair dismissal claim dismissed after 40-year delay

A former employee's unfair dismissal claim against Bank of America NA was dismissed as out of time after she presented it nearly 40 years after her employment ended. The tribunal found no reasonable explanation for the delay.

out-of-timepreliminary-hearingjurisdiction
Claim dismissed · Aug 2023

Managing Director with 21 years' service: tribunal decides which company was her employer

A preliminary hearing determined that a managing director who worked across four group companies was employed only by the first respondent. Claims against the other three were dismissed for lack of jurisdiction.

preliminary-hearingemployer-identitygroup-companies
Claim dismissed · Aug 2023

Former employee's constructive dismissal claim thrown out for being too late

A tribunal has dismissed a former employee's claims of constructive unfair dismissal, unpaid wages and race discrimination against Whitbread Group Plc because they were brought too late.

out-of-timerace-discriminationunfair-dismissal
Claim dismissed · Aug 2023

Former employee's claim dismissed as one day late: ADHD and technical issues not enough

A former DHL employee's unfair dismissal claim was thrown out after being filed one day late. The tribunal found it was reasonably practicable to submit on time, rejecting ADHD and technical difficulties as excuses.

out-of-timepreliminary-hearingjurisdiction
Partial win · Aug 2023

Partial disability win for healthcare assistant: premature menopause not a disability at work

A tribunal ruled that a healthcare assistant's left shoulder, lower back and wrist impairments were disabilities, but her premature menopause was not because it only affected her sexual life, not her professional life.

disability-statuspreliminary-hearingmultiple-impairments
Claim dismissed · Aug 2023

Unfair dismissal claim dismissed as too late: the importance of the three-month deadline

A former employee's unfair dismissal claim against BUPA Care Homes was dismissed because she presented it nearly seven months after her dismissal, well beyond the three-month time limit. The tribunal found it was reasonably practicable for her to have brought the claim in time.

out-of-timepreliminary-hearingreconsideration-refused

Browse all 67 cases on Unfair dismissal, where you can filter by outcome, damages and year.