Claimant v Smokeball UK
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint.
Facts
Mr Raja was employed by Smokeball UK for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether he met the statutory qualifying period for unfair dismissal claims.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous employment under section 108 of the Employment Rights Act 1996. Other complaints remained unaffected.
Practical note
Claimants must verify they meet the two-year qualifying period before bringing ordinary unfair dismissal claims, though other employment claims may proceed without this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 2310206/2024
- Decision date
- 21 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Smokeball UK
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No