Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the qualifying service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Waters brought an unfair dismissal complaint against his former employer Aviva Investors. He had been employed for less than two years. The tribunal noted that other complaints brought by the claimant were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' continuous service under s.108 ERA 1996, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6016313/2025
- Decision date
- 8 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Aviva Investors
- Sector
- financial services
- Represented
- No
Claimant representation
- Represented
- No