Claimant v ACS Group Service Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying period under s.108 ERA 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by the respondent for less than two years and brought a complaint of unfair dismissal. The tribunal identified that the claimant did not have the qualifying period of service required under s.108 ERA 1996 to bring such a claim. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the necessary two years' qualifying service under s.108 ERA 1996. The judgment noted that the claimant's other complaints were not affected by this decision.
Practical note
Without two years' continuous service, an unfair dismissal claim will be struck out unless it falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 3312072/2024
- Decision date
- 28 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No