Claimant v Hewaswater Engineering Limited
Outcome
Individual claims
The tribunal found that the claimant did not have the required two years' continuity of service to bring an unfair dismissal claim under section 108(1) of the Employment Rights Act 1996. The claim was dismissed for lack of qualifying service.
Facts
Mr Richard Barnes brought a claim for unfair dismissal against Hewaswater Engineering Limited. Neither party attended the preliminary hearing held by telephone. The tribunal considered the issue of qualifying service.
Decision
The tribunal dismissed the unfair dismissal claim on the basis that the claimant lacked the requisite two years' continuous service required by section 108(1) of the Employment Rights Act 1996.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and the tribunal will dismiss claims lacking this qualifying service even where parties do not attend.
Legal authorities cited
Statutes
Case details
- Case number
- 6009815/2025
- Decision date
- 5 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- engineering
- Represented
- No
Claimant representation
- Represented
- No