Claimant v South Wales Fire and Rescue Service
Outcome
Individual claims
The claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mr Saqib brought an unfair dismissal claim against South Wales Fire And Rescue Service. The claimant had less than two years' continuous employment service, which is required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the statutory two-year qualifying period of service required under section 108 ERA 1996. The claimant failed to provide acceptable reasons why the claim should proceed. Other complaints by the claimant were not affected by this judgment.
Practical note
Claimants must have two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 1600332/2025
- Decision date
- 27 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No