Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the qualifying period required by 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 Gimblett brought a claim for unfair dismissal against Openreach Ltd. He was employed by the respondent for less than two years. The tribunal determined that he did not meet the statutory qualifying period required to bring an unfair dismissal claim.
Decision
The tribunal struck out the claim because Section 108 of the Employment Rights Act 1996 requires not less than two years' continuous service to bring an unfair dismissal claim, which the claimant did not have. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Claimants must have at least two years' qualifying service to bring an ordinary unfair dismissal claim under Section 108 ERA 1996, and failure to meet this threshold will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6002604/2025
- Decision date
- 16 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- telecoms
- Represented
- No
Claimant representation
- Represented
- No