Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint, and the claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Gavin Jenkins was employed by the Department for Work and Pensions for less than two years before his dismissal. He brought a complaint of unfair dismissal to the employment tribunal. The judgment notes that the claimant had other complaints which were not affected by this particular judgment.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to give an acceptable reason.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this qualifying period will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6030526/2025
- Decision date
- 2 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No