Claimant v Fish Planet London Limited
Outcome
Individual claims
The claimant did not have the minimum two years continuous service required by s.108 ERA 1996 to bring an unfair dismissal claim. The claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
The claimant was employed by Fish Planet London Limited for less than two years. He brought a claim for unfair dismissal. The tribunal noted that s.108 ERA 1996 requires not less than two years continuous service to bring an unfair dismissal complaint. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the requisite two years qualifying service under s.108 ERA 1996 and had not provided any acceptable reason why the claim should proceed despite this jurisdictional bar.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this jurisdictional requirement will result in strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6021161/2024
- Decision date
- 20 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No