Claimant v Barnet Homes Limited
Outcome
Individual claims
The claim was dismissed because the claimant accepted that he did not have two years of continuous service at the time of his dismissal. Under the Employment Rights Act 1996, two years of continuous employment is required to bring an unfair dismissal claim in most circumstances. The claimant therefore lacked the qualifying service to pursue this claim.
Facts
Mr Francis brought an unfair dismissal claim against his former employer, Barnet Homes Limited. At the preliminary hearing, the claimant accepted that he had not completed two years of continuous service at the time of his dismissal. The claimant represented himself while the respondent was represented by a solicitor, Ms Williams.
Decision
Employment Judge Cowen dismissed the unfair dismissal claim on the basis that the claimant lacked the necessary two years of continuous service required to bring such a claim under the Employment Rights Act 1996. This qualifying period is a jurisdictional requirement for ordinary unfair dismissal claims.
Practical note
A claimant must have at least two years of continuous employment to bring an unfair dismissal claim, and this jurisdictional requirement will result in dismissal if not met, regardless of the merits of the case.
Legal authorities cited
Statutes
Case details
- Case number
- 6006292/2025
- Decision date
- 7 January 2026
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No