Cases3305970/2024

Claimant v A to B Luton

8 August 2025Before Employment Judge CollWatfordremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found it did not have jurisdiction to hear the unfair dismissal claim because the claimant did not have the required length of service. Under section 108 of the Employment Rights Act 1996, an employee must have at least two years' continuous service to bring an ordinary unfair dismissal claim.

Facts

Mr Ayadi was employed by A to B Luton, a transport company. He brought a claim for unfair dismissal. The respondent was represented by their Human Resources Manager, Mr Asghar. The claimant represented himself. The hearing took place remotely via CVP.

Decision

The tribunal dismissed the unfair dismissal claim on jurisdictional grounds. The claimant did not have sufficient length of service to bring an ordinary unfair dismissal claim under the Employment Rights Act 1996, which requires two years' continuous employment.

Practical note

Employees must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be dismissed for lack of jurisdiction.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
3305970/2024
Decision date
8 August 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
in house

Claimant representation

Represented
No