Outcome
Individual claims
The claimant did not have the requisite two years continuous employment required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the claim should proceed.
Facts
The claimant was employed by Change, Grow, Live for less than two years. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted that the claimant had been given an opportunity to explain why the unfair dismissal claim should proceed despite the service shortfall but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the required two years continuous employment under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
This case reinforces the strict application of the two-year qualifying period for ordinary unfair dismissal claims, with no discretion to extend where the statutory threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6011159/2024
- Decision date
- 8 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No