Claimant v House of Commons Staff
Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
Mr A Sanie was employed by the House of Commons Staff for less than two years before his dismissal. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal gave him an opportunity to explain why his unfair dismissal claim should not be struck out due to lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under Section 108 ERA 1996. The claimant failed to provide an acceptable reason why the claim should proceed. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years qualifying service unless they fall within an automatically unfair category, and unrepresented claimants may not understand this fundamental jurisdictional requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6038296/2025
- Decision date
- 26 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No