Cases6030644/2025

Claimant v Torfaen County Borough Council

13 October 2025Before Employment Judge S MooreWaleson papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' service and therefore did not have the qualifying service required to bring an ordinary unfair dismissal claim. The tribunal had no jurisdiction to hear the complaint. After being given an opportunity to make representations, the claimant failed to respond or request a hearing.

Facts

Mr Wilde brought an unfair dismissal claim against Torfaen County Borough Council. He had less than two years' continuous service. The tribunal wrote to him on 18 September 2025 explaining that his claim appeared to have no reasonable prospect of success due to lack of qualifying service and inviting representations. He failed to respond or request a hearing.

Decision

The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the necessary two years' qualifying service to bring an ordinary unfair dismissal claim, meaning the tribunal had no jurisdiction. The claimant was given an opportunity to make representations but failed to respond.

Practical note

Unrepresented claimants must understand the two-year qualifying service requirement for ordinary unfair dismissal claims and should engage with tribunal correspondence offering opportunities to make representations before strike-out.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6030644/2025
Decision date
13 October 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Torfaen County Borough Council
Sector
local government
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No