Cases6018575/2024

Claimant v Amentum Clean Energy Ltd

14 August 2025Before Employment Judge N BuzzardManchesterremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The tribunal found the claimant had no reasonable prospects of showing he had two years' continuous service with the respondent as at the date of termination, which is required for ordinary unfair dismissal claims.

Redundancy Paystruck out

The tribunal found the claimant had no reasonable prospects of showing he had two years' continuous service with the respondent, which is required to claim a statutory redundancy payment.

Automatic Unfair Dismissalnot determined

The claim for automatic unfair dismissal for making a protected disclosure (whistleblowing) was specifically preserved and not struck out, as this type of claim does not require two years' service.

Whistleblowingnot determined

This claim was preserved and allowed to proceed as whistleblowing/protected disclosure claims do not require the two year qualifying period that applied to the other claims that were struck out.

Facts

Dr Suri brought claims against Amentum Clean Energy Ltd including unfair dismissal and redundancy payment. The respondent applied to strike out parts of the claim on the basis that the claimant could not show two years' continuous service. The claimant also had a claim for automatic unfair dismissal based on protected disclosure (whistleblowing).

Decision

The tribunal struck out the ordinary unfair dismissal and redundancy payment claims, finding the claimant had no reasonable prospects of establishing two years' continuous service. However, the automatic unfair dismissal claim for protected disclosure was preserved, as this type of claim does not require a qualifying period.

Practical note

Ordinary unfair dismissal and redundancy claims require two years' continuous service, but whistleblowing claims can proceed without any qualifying period, making them an important exception for employees with short service.

Legal authorities cited

Statutes

ERA 1996 s.108ERA 1996 s.155

Case details

Case number
6018575/2024
Decision date
14 August 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
energy
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No