Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
The claimant Mr M Hane was employed by CWG Markets Ltd for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out on the basis that he lacked the necessary qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous service and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require at least two years continuous service under s.108 ERA 1996, and claims lacking this will be struck out even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6023413/2024
- Decision date
- 6 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- CWG Markets Ltd
- Sector
- financial services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No