Mrs D McGowan v Grant Property Solutions Ltd: S/4102254/2017
| Judgment Date | 12 February 2018 |
| Citation | S/4102254/2017 |
| Published date | 06 March 2019 |
| Court | Employment Tribunal |
| Subject Matter | Breach of Contract |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: S/4102254/2017
Held in Glasgow on 30 January 2018
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Employment Judge: F Jane Garvie
Mrs D McGowan Claimant
In Person
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Grant Property Solutions Ltd Respondent
Represented by:
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Mrs A Bennie –
Advocate
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The judgment of the Tribunal is that the claimant does not have the requisite two
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years’ qualifying service in terms of Section 108 of the Employment Rights Act 1996
to bring a complaint of unfair dismissal and accordingly the Tribunal does not have
jurisdiction to consider the complaint which is therefore dismissed.
REASONS
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Background
1. In her claim, (the ET1) presented on 1 August 2017 the claimant alleges that
she was unfairly dismissed. She gave her dates of employment as 15 June
2015 to 15 June 2017. The respondent lodged a response, (the ET3) in
which they submit that the claimant has insufficient qualifying service to bring
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S/4102254/2017 Page 2
a complaint of unfair dismissal. The response was accepted and
acknowledged by letter of 6 September 2017. Arrangements were then made
for a Preliminary Hearing to deal with the issue of whether the claimant had
sufficient qualifying service to bring a complaint of unfair dismissal. Notices
were issued on 16 September for the Hearing to take place on 19 October
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2017.
2. On 19 October 2017 the claimant attended, representing herself. The
respondent was represented by Mr MacDougall, Advocate. A Note was
subsequently issued dated 23 October 2017 where it was explained that it
would be necessary to hear evidence in this case and accordingly the
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Preliminary Hearing was adjourned on that date. The case was then re-listed
following letters being issued as to parties’ availability. Notices for this
Preliminary Hearing were issued on 7 December 2017.
The Preliminary Hearing on 30 January
3. At the start of this Preliminary Hearing Mrs Bennie confirmed that she was
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now representing the respondent. In addition to the documents that are
referred to in the Note of 23 October 2017 she had one additional item to add
to those documents.
4. The claimant gave evidence on her own behalf. Evidence was given on behalf
of the respondent by Mr Andrew Hutton who is an Assistant Director of
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Property Management with the respondent.
5. As indicated there was a bundle of productions and these are referred to
below.
Findings of Fact
6. The Tribunal found the following essential facts to have been established or
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agreed.
7. The claimant commenced employment with the respondent on 15 June 2015.
She was based in their Stirling office. She worked in that office as a Property
Manager until 11 April 2016 at which point she was then appointed to be their
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