Outcome
Individual claims
The claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant was employed by Mitie Group for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal conducted a strike-out hearing to determine whether the unfair dismissal complaint could proceed.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. 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 remain unaffected.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' continuous service and cannot establish an exception to the qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6008313/2025
- Decision date
- 6 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Mitie Group
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No