Case Study 3

The claimant worked for our client from 1st Feb 2016 until 1st January 2018 (which included one months notice which was given on 1st December 2017.)

The matter was listed for a preliminary hearing in which the claimant argued that because he had signed his contract of employment on 29th December 2015, he had two years service, even though he did not actually start work until 1st February 2016. 

The claimant was seeking over £20k compensation so this was a key issue for our client to win.  The claimant sought to rely on section 212 of the Employment Rights Act but we relied on section 211. The claimant was insistent for the months between the lodging of the response form and the preliminary hearing that he was right. Our client held its nerve, rejecting his assertions and offers of settlement. 

The employment tribunal judge decided that the claimant was wrong and dismissed the claim.

The lesson? It would have been very easy for any respondent in this situation to lose its nerve and agree to settle so it is important to instruct solicitors who know what they are doing and are not afraid to fight on your behalf test

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