Outcome
Individual claims
The claimant lacked the required two years' continuous service to bring an unfair dismissal claim. He was employed from 5 March 2025 to 4 April 2025, a period of only one month. The Tribunal therefore had no jurisdiction to hear this complaint and it was struck out.
This claim was not affected by the strike-out judgment and remains to be determined at a future hearing.
Facts
Mr Soliman was employed by Pertemps, a recruitment agency, for one month from 5 March 2025 to 4 April 2025. Following his dismissal, he brought claims including unfair dismissal and arrears of pay. The Tribunal wrote to him on 16 May 2025 proposing to strike out the unfair dismissal claim due to insufficient service, and invited objections.
Decision
Employment Judge Fredericks-Bowyer struck out the unfair dismissal claim on the papers because the claimant lacked the statutory two-year qualifying period of continuous service. The arrears of pay claim was unaffected and will proceed.
Practical note
Unfair dismissal claims require two years' continuous service for ordinary dismissals, and claims lacking this qualifying period will be struck out for want of jurisdiction even at an early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6016039/2025
- Decision date
- 2 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Pertemps
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No