Claimant v Maurice Markovitz Ltd
Outcome
Individual claims
Claimant had less than two years service and therefore did not have the statutory qualifying period under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. Claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Barnes was employed by Maurice Markovitz Ltd for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The respondent or tribunal identified that he lacked the statutory qualifying service period required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the unfair dismissal complaint should not be struck out but failed to provide an acceptable explanation.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant had less than two years continuous employment and therefore did not meet the statutory qualifying period under s.108 ERA 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years qualifying service under s.108 ERA 1996, and claims brought without this will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1400287/2025
- Decision date
- 24 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No