Claimant v Veterinary Medicines Directorate
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by the Veterinary Medicines Directorate for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The judgment notes that the claimant had other complaints pending that were not affected by this strike-out decision.
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 was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain live.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service, and claims brought without this qualification will be struck out unless there is an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2303323/2024
- Decision date
- 31 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No