Claimant v Atlas Management Services Group Limited (Poseidon)
Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant was employed by the respondent for less than two years before his employment ended. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal identified that the claimant lacked the necessary qualifying period of service to bring an ordinary unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because section 108 of the Employment Rights Act 1996 requires two years' continuous service to bring such a claim, which the claimant did not have. The claimant's other complaints were unaffected by this judgment.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls into a category of automatic unfair dismissal which does not require a qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 6017413/2025
- Decision date
- 9 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