Claimant v Brain Tumour Research
Outcome
Individual claims
The claim was dismissed because the Claimant did not have the minimum two years' qualifying service required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The tribunal had no jurisdiction to hear the complaint.
Facts
Mr Bateman brought a complaint of ordinary unfair dismissal against his former employer, Brain Tumour Research, a charity. The matter proceeded to a preliminary hearing held in private by video. The Claimant represented himself while the Respondent was represented by counsel.
Decision
The tribunal dismissed the unfair dismissal complaint on jurisdictional grounds. The Claimant had not worked for the Respondent for the minimum two years required under section 108 of the Employment Rights Act 1996, and therefore lacked the qualifying service necessary to bring an ordinary unfair dismissal claim.
Practical note
Employees must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying service will be dismissed at a preliminary hearing for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 3302622/2024
- Decision date
- 23 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No