Claimant v Ministry of Defence Defence Equipment and Support (DE&S)
Outcome
Individual claims
The claim was struck out because the claimant did not have the minimum two years continuous employment required under Section 108 of the 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 P Godfrey was employed by the Ministry of Defence Defence Equipment and Support for less than two years. The claimant brought a complaint of unfair dismissal along with other complaints. The tribunal noted that the claimant had other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not meet the minimum two year qualifying period required by Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason for why the complaint should not be struck out.
Practical note
Unfair dismissal claims require two years continuous employment under Section 108 ERA 1996, and claims lacking this qualifying period will be struck out unless the claimant can show they fall within an exception such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6017212/2025
- Decision date
- 10 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No