Claimant v Arquiva Limited
Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim, and none of the statutory exceptions applied.
Facts
Mr Osei brought a claim for constructive unfair dismissal against Arquiva Limited. The tribunal issued a strike-out warning on 23 January 2025, noting that under section 108 of the Employment Rights Act 1996, claimants must have two years continuous employment to bring unfair dismissal claims unless specific exceptions apply. The claimant responded repeating his claims and arguing a strike out would prevent fair examination of the facts, but provided no evidence that any statutory exception applied.
Decision
Regional Employment Judge Pirani struck out the constructive unfair dismissal claim on the papers because the claimant did not have the requisite two years continuous service required under ERA 1996 section 108, and none of the relevant statutory exceptions applied.
Practical note
Unfair dismissal claims require two years continuous service unless a statutory exception applies, and this jurisdictional threshold will be enforced through strike-out even where a claimant is self-represented.
Legal authorities cited
Statutes
Case details
- Case number
- 6011450/2024
- Decision date
- 11 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Arquiva Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No