Tag
#preliminary-issue
10 cases tagged Preliminary Issue.
Constructive dismissal claim fails: less than two years' service and out of time
A recruitment agency worker who resigned after a return-to-work meeting could not bring an unfair dismissal claim because he had less than two years' service and presented his claim too late.
Physiotherapist dismissed over COVID vaccine refusal: anxiety not a disability, tribunal rules
A physiotherapist with 12 years' service who was dismissed for refusing the COVID-19 vaccine without a medical exemption has failed to prove his anxiety amounted to a disability under equality law.
Delivery driver with carpal tunnel syndrome not disabled under Equality Act
A delivery driver who had carpal tunnel syndrome surgery and returned to work without sickness absence was found not to be disabled. The tribunal dismissed her unfair dismissal and disability discrimination claims.
Group CTO denied unfair dismissal claim after consultancy period excluded from service
A group chief technology officer who worked for a company via his own limited company before becoming an employee was unable to claim unfair dismissal because his continuous service fell short of two years.
Less than two years' service: conditional offer and unpaid shadowing did not count
A leisure centre attendant who was dismissed after less than two years' continuous employment could not bring an unfair dismissal claim. The tribunal ruled his employment started only when he began his first paid shift, not when he did unpaid job shadowing.
Stress and anxiety from COVID-19 and bereavement not a disability, tribunal rules
A housing officer who claimed disability discrimination after being dismissed while signed off with stress and anxiety has lost her case. The tribunal found her reactions were normal responses to adverse life events, not a mental impairment.
Deputy Home Manager wins employment status fight after dismissal
A deputy home manager has won a preliminary ruling that she was employed by Teen Support Services Ltd, not a related company, allowing her whistleblowing and race discrimination claims to proceed.
Bookkeeper found self-employed: tribunal had no jurisdiction to hear unfair dismissal claim
An accountant who worked for Cornerstone Care Solutions Ltd as a bookkeeper was found to be self-employed, so the tribunal had no jurisdiction to hear her unfair dismissal claim. The respondent's costs application was also refused.
Unfair dismissal claim thrown out after being filed seven weeks late
A former employee's unfair dismissal claim against Southcoast Scaffolding Limited was dismissed because the claim form arrived at the tribunal over seven weeks after the deadline, and the tribunal found no reasonable excuse for the delay.
Finance Officer found to be a worker, not an employee: status ruling opens door to some claims
A tribunal ruled that a finance officer who worked for eight years on a freelance basis was a 'worker' but not an 'employee', meaning he can pursue claims for holiday pay and unlawful deductions but not unfair dismissal.