Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant therefore did not have the requisite qualifying service and was not entitled to bring this complaint.
Facts
The claimant Mr M Peter was employed by Brooklands College for less than two years before his employment ended. He brought a complaint of unfair dismissal along with other unspecified complaints. The respondent is an educational institution.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the requisite two years' continuous employment required by section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected and may proceed to hearing.
Practical note
Unfair dismissal claims require two years' qualifying service under section 108 ERA 1996, and claims brought without sufficient service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6006091/2024
- Decision date
- 29 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No