Claimant v EM Recycling (Derbys) Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out.
Facts
Mr K F Ng brought an unfair dismissal claim against his former employer, EM Recycling (Derbys) Limited. The claimant had worked for the respondent for less than two years before his employment ended. The judgment notes that the claimant has other complaints pending which are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service to bring such a claim under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require a minimum of two years' qualifying service unless the dismissal falls into an automatically unfair category, and claims lacking this jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6000430/2025
- Decision date
- 4 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No