Claimant v Brighter Futures Housing Association Limited
Outcome
Individual claims
The claimant had less than two years' service and did not fall within any exception to the two-year qualifying period required by section 108 of the Employment Rights Act 1996. The tribunal struck out the claim as the claimant could not establish entitlement to bring an unfair dismissal complaint.
Facts
Ms Ward was employed by Brighter Futures Housing Association Limited for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted she had other claims that were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim unless they fall within specific statutory exceptions such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6001222/2025
- Decision date
- 3 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