Claimant v Trentham Invest Ltd
Outcome
Individual claims
Claim struck out as claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. Claimant failed to provide acceptable reason why complaint should not be struck out.
This claim was not affected by the strike-out judgment and remains live. The tribunal judgment explicitly states the claimant's claims of constructive dismissal remain unaffected.
The tribunal noted that claims that constructive dismissal was an act of discrimination and that other alleged acts of discrimination caused financial loss remain live and unaffected by this strike-out.
Facts
The claimant was employed by Trentham Invest Ltd for less than two years. She brought claims of unfair dismissal, constructive dismissal, and discrimination. A preliminary hearing was held to determine whether the unfair dismissal claim should be struck out due to insufficient length of service.
Decision
The tribunal struck out the ordinary unfair dismissal claim as the claimant lacked the required two years qualifying service under s.108 ERA 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out. However, her claims of constructive dismissal as an act of discrimination and other discrimination claims remain unaffected.
Practical note
An ordinary unfair dismissal claim requires two years qualifying service, but discrimination claims and constructive dismissal claims based on discrimination have no qualifying period and can proceed even where ordinary unfair dismissal cannot.
Legal authorities cited
Statutes
Case details
- Case number
- 2303049/2024
- Decision date
- 16 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No