Cases6023542/2025

Claimant v Plumm

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' continuous service and therefore did not meet the qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claim was struck out for lack of jurisdiction.

Facts

The claimant brought a complaint of unfair dismissal against Plumm. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant has other complaints not affected by this judgment.

Decision

The tribunal struck out the unfair dismissal complaint on the basis that the claimant had less than two years' continuous service and therefore did not satisfy the qualifying period required under s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.

Practical note

A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out for want of jurisdiction.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6023542/2025
Decision date
23 September 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Plumm
Sector
other
Represented
No

Claimant representation

Represented
No