Claimant v Elevation Yorkshire Scaffolding
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 complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Bell was employed by Elevation Yorkshire Scaffolding for less than two years. He brought a complaint of unfair dismissal. The tribunal struck out the claim as he did not meet the statutory qualifying service requirement of two years under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the necessary two years' continuous service required by law. 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
Ordinary unfair dismissal claims require two years' qualifying service and will be struck out at an early stage if this threshold is not met and no exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6005552/2025
- Decision date
- 17 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No