Claimant v Elk Capital Markets UK Ltd
Outcome
Individual claims
The claim was dismissed because the claimant did not have the two years' qualifying service necessary to bring an unfair dismissal claim. This qualifying period requirement was discussed at a preliminary hearing on 19 August 2025, and no objection or reason not to dismiss was raised by the claimant.
The claim for statutory redundancy payment was dismissed because the claimant lacked the two years' qualifying service required for such a claim. This issue was raised at the preliminary hearing on 19 August 2025, and the claimant provided no objection or alternative argument.
Facts
Mr Luigi Piva brought claims for unfair dismissal and failure to make a statutory redundancy payment against his former employer, Elk Capital Markets UK Ltd, a financial services company. The claimant had less than two years' continuous service. At a preliminary hearing on 19 August 2025, the tribunal indicated it would dismiss the claims for lack of qualifying service, and the claimant raised no objection.
Decision
The tribunal dismissed both claims because the claimant did not have the two years' qualifying service required by statute for unfair dismissal and statutory redundancy payment claims. The claimant, who represented himself, did not object to the dismissal when given the opportunity.
Practical note
Claims for unfair dismissal and statutory redundancy payment require two years' continuous employment, and claims will be dismissed at a preliminary stage where this qualifying threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 2300687/2023
- Decision date
- 20 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- No
- Rep type
- in house
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No