Claimant v Leisuredyne Resources Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant C Bennett brought an unfair dismissal complaint against Leisuredyne Resources Limited. The claimant had been employed for less than two years when the employment ended. The judgment notes that the claimant has other complaints that are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require a minimum two-year qualifying period of service, and claims brought without this will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6014043/2024
- Decision date
- 18 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No