Claimant v TC Facilities Management Ltd
Outcome
Individual claims
The claimant did not have the requisite two years continuous service required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant J J De Souza De Oliveira brought a complaint of unfair dismissal against two respondents, TC Facilities Management Ltd and Yodel Delivery Network Ltd. The claimant was employed for less than two years. The judgment indicates there were other complaints brought by the claimant which were not affected by this strike-out decision.
Decision
Employment Judge Andrews struck out the unfair dismissal complaint on the basis that the claimant did not meet the two-year qualifying service requirement under s.108 Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to give an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
This case reinforces that the two-year qualifying period for ordinary unfair dismissal claims is a jurisdictional requirement that tribunals will strictly enforce, and claimants without sufficient service will have their claims struck out even where other claims remain live.
Legal authorities cited
Statutes
Case details
- Case number
- 2307963/2023
- Decision date
- 20 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No