Claimant v Blueflame Energy Solutions Ltd
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Luke Barnett was employed by Blueflame Energy Solutions Ltd for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal noted that he had insufficient qualifying service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore did not meet the statutory qualifying period. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. The claimant's other complaints were unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service under ERA 1996 s.108, and claims without sufficient service will be struck out unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6003514/2025
- Decision date
- 13 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No