Claimant v Coyle Personnel Limited
Outcome
Individual claims
The claimant had less than two years' continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years' service 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, Sir A Stoica, brought an unfair dismissal complaint against three respondent companies. The claimant was employed for less than two years. The judgment notes that other complaints brought by the claimant remain unaffected by this decision.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal is automatically unfair under specific statutory provisions.
Legal authorities cited
Statutes
Case details
- Case number
- 6001090/2025
- Decision date
- 3 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No