Claimant v Amentum Clean Energy Ltd
Outcome
Individual claims
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.
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.
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.
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
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