Ann Summers Ltd

Case Summary

The claimant's unfair dismissal claim was struck out because she did not have two years' service at the time of dismissal, which is a statutory requirement for such claims. Although the claimant suggested alternative claims for breach of contract and whistleblowing, these were not formally presented in the claim form and the tribunal found no basis to continue proceedings on the unfair dismissal claim as presented.

The claim was struck out because the claimant lacked the statutory two-year qualifying period required for an unfair dismissal claim. Although the claimant suggested she could pursue alternative claims for breach of contract or whistleblowing, these were not formally presented in the claim form, and the tribunal found the position clear with no purpose served by continuing proceedings.

• •Unfair dismissal claim lacking two years' qualifying service
• •Whether claimant entitled to pursue breach of contract or whistleblowing claims not formally presented

EMPLOYMENT TRIBUNALS Claimant:Stacey Simina Respondent:Ann Summers Limited JUDGMENT The claim is struck out. REASONS 1. The only complaint presented in this case is of unfair dismissal, but the claimant did not have two years’ service at the time of her dismissal. 2. A notice was sent to her on 19 December 2025 asking her to provide any reasons why this complaint should not be struck out. She replied on 28 December 2025 pointing out that she is entitled to pursue claims of breach of contract, whether in relation to her notice pay or the implied term of trust and confidence. 3. However, damages for a breach of contract claim are limited to notice pay, and she has not brought such a claim. Nor has she suggested that she was not paid her notice pay. The implied term of trust and confidence is relevant in cases where someone has resigned in response to such a breach, but the claim presented is about being made redundant. 4. She has also raised the possibility of a whistleblowing claim, on the basis that she raised health and safety concerns on a visit to Brighton shortly before she was placed on garden leave. However, that has not been mentioned in the claim form or Particulars of Claim document. On the information provided, which is limited to a complaint about the unfairness of the redundancy process, two years’ service is required. 5. It is unfortunate, and rare, to dismiss a claim without a hearing, but the position is clear and no purpose would be served by continuing proceedings. Employment Judge Fowell Date 15 April 2026 JUDGMENT & REASONS SENT TO THE PARTIES ON 25 April 2026 For the Tribunal Office P Wing