Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is required under s.108 Employment Rights Act 1996. The tribunal found that the exemption under s.104 did not apply because the asserted statutory right (non-payment of wages) was not the cause of dismissal, and the non-payment was ongoing before the right was asserted.
Facts
The claimant was employed by the respondent for less than two years and resigned, asserting constructive dismissal based on non-payment of wages. She brought an unfair dismissal claim. The tribunal considered whether the s.104 ERA 1996 exemption applied, which would remove the two-year service requirement.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required two years' service. The s.104 exemption did not apply because the asserted statutory right regarding non-payment of wages was not the cause of dismissal, and the non-payment predated the assertion of the right. Other complaints remain unaffected.
Practical note
For the s.104 ERA 1996 exemption to apply, the assertion of the statutory right must be the cause of dismissal, not merely a reason for resignation, and the timing of events is crucial to establishing causation.
Legal authorities cited
Statutes
Case details
- Case number
- 6009144/2024
- Decision date
- 6 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Av2 Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No