6 Aug 2026
Dismissed on jurisdiction
Unfair Dismissal
Heard at Edinburgh
The claimant failed to prove she was an employee under section 230(1) and (2) ERA 1996, and also failed to establish two years' continuous employment, so the complaint of unfair dismissal was dismissed for want of jurisdiction.
Legal Issues (5)
- Employment status – distinction between employee and worker
- burden of proof on claimant to prove employee status
- effect of written contract and mutual intention
- continuity of employment and the two-year qualifying period for unfair dismissal
- jurisdiction of the tribunal.