Claimant v Building For Humanity CIC
Outcome
Individual claims
The claimant had less than two years' continuous service and therefore did not meet the qualifying period 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.
Facts
The claimant was employed by Building For Humanity CIC for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The claimant was given an opportunity to explain why his unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years' continuous employment to bring such a claim under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the two-year qualifying period required by statute, even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6013913/2024
- Decision date
- 29 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No