Outcome
Individual claims
Struck out because the claimant had less than two years' service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint.
Facts
The claimant brought a complaint of constructive unfair dismissal against her employer, Network N Media, having been employed for less than two years. The judgment notes that the claimant had other complaints which were not affected by this strike-out. The claimant was given an opportunity to provide reasons why the unfair dismissal complaint should not be struck out but failed to give an acceptable reason.
Decision
Employment Judge Heap struck out the unfair dismissal complaint on the basis that the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring such a complaint. The claimant's other complaints remain live.
Practical note
Unfair dismissal claims require two years' qualifying service unless they fall into specific automatically unfair categories, and procedural strike-outs for lack of jurisdiction are appropriate where this threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6015223/2025
- Decision date
- 6 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Network N Media
- Sector
- media
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No