Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period under s.108 ERA 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Mr Kamalarajan brought an unfair dismissal complaint against Iris Software Limited and two individual respondents. The claimant had been employed for less than two years. The judgment notes the claimant has other complaints which are not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying period required by s.108 ERA 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatically unfair category such as whistleblowing or discrimination-related dismissals.
Legal authorities cited
Statutes
Case details
- Case number
- 6007509/2025
- Decision date
- 14 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No