Claimant v Excellerate Services UK Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous employment with the respondent, which is the qualifying period required to bring an ordinary unfair dismissal complaint under the Employment Rights Act 1996.
The breach of contract complaint was struck out on the basis that it did not fall within the tribunal's jurisdiction, though the specific jurisdictional defect is not detailed in the judgment.
Facts
Mr Mason brought claims of unfair dismissal and breach of contract against Excellerate Services UK Ltd following the termination of his employment. The claimant represented himself at a preliminary hearing heard remotely via CVP. The respondent was represented by its People Director, Ms S Newland. The tribunal determined that the claimant had been employed for less than two years.
Decision
Employment Judge Davidson struck out both the unfair dismissal and breach of contract claims. The unfair dismissal claim failed because the claimant lacked the requisite two years' continuous employment to bring such a complaint. The breach of contract claim was struck out on jurisdictional grounds, though the specific basis is not detailed in the judgment.
Practical note
Unrepresented claimants commonly fail to appreciate the two-year qualifying period for ordinary unfair dismissal claims, resulting in strike-outs at preliminary hearings for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6007305/2025
- Decision date
- 3 December 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No