Claimant v West Midlands Ambulance Service NHS Foundation Trust
Outcome
Individual claims
Claimant had less than two years' continuous employment which is required under 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 despite being given the opportunity to do so.
Facts
The claimant Jason Beach was employed by West Midlands Ambulance Service for less than two years. He brought a complaint of unfair dismissal only. The tribunal gave him an opportunity to explain why his claim should not be struck out given his lack of qualifying service, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the entire claim because the claimant had less than two years' continuous employment, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint, and no acceptable reason was provided to proceed despite this statutory bar. The respondent was not required to present a response.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and failure to meet this statutory threshold will result in the claim being struck out at the preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6023411/2024
- Decision date
- 7 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No