Claimant v Gloucestershire VCS Alliance
Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an ordinary unfair dismissal complaint. The tribunal therefore struck out the unfair dismissal claim for lack of qualifying service.
The judgment notes that the claimant's other complaints are not affected by this judgment, including a dismissal related complaint pursuant to the Equality Act, which suggests other claims remain live and will be determined separately.
Facts
Ms Khokhar was employed by Gloucestershire VCS Alliance for less than two years before her employment was terminated. She brought a claim for unfair dismissal along with other complaints including dismissal-related complaints under the Equality Act.
Decision
The tribunal struck out the ordinary unfair dismissal claim because the claimant had less than two years' service and therefore did not meet the qualifying period required by section 108 of the Employment Rights Act 1996. Other claims, including Equality Act dismissal-related complaints, remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years' continuous service, but automatic unfair dismissal and discrimination-related dismissal claims do not have this qualifying period and can proceed regardless of length of service.
Legal authorities cited
Statutes
Case details
- Case number
- 6018137/2024
- Decision date
- 28 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No