Claimant v Opia Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required by s.108 ERA 1996 to bring an ordinary unfair dismissal claim. The claimant did not object to the strike out.
Facts
The claimant was employed by Opia Limited for less than two years before being dismissed. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether he had the necessary qualifying service to bring an ordinary unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under s.108 ERA 1996. The claimant did not object to the strike out. His other complaints remain unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require at least two years' continuous employment, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6014717/2025
- Decision date
- 11 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Opia Limited
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No