Cases3305592/2024

Claimant v Water Direct

8 September 2025Before Employment Judge AnstisMidlands Weston papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant was employed by the respondent for less than two years and therefore does not meet the statutory qualifying period required to bring an unfair dismissal claim. The claimant failed to give an acceptable reason why this complaint should not be struck out.

Redundancy Paystruck out

The claimant was employed by the respondent for less than two years and therefore does not meet the statutory qualifying period required to claim a redundancy payment. The claimant failed to give an acceptable reason why this complaint should not be struck out.

Facts

The claimant brought claims for unfair dismissal and a redundancy payment against his employer, Water Direct. The claimant's employment lasted less than two years. The judgment notes that other complaints brought by the claimant were not affected by this strike-out decision.

Decision

The tribunal struck out the unfair dismissal and redundancy payment claims because the claimant lacked the necessary two years' qualifying service required by statute. The claimant was given an opportunity to explain why the claims should not be struck out but failed to provide an acceptable reason.

Practical note

Claims for unfair dismissal and statutory redundancy payments require at least two years' continuous service, and procedural fairness requires giving claimants an opportunity to explain why claims should not be struck out before doing so.

Legal authorities cited

Statutes

ERA 1996 s.108ERA 1996 s.155

Case details

Case number
3305592/2024
Decision date
8 September 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No