Claimant v Southern Housing
Outcome
Individual claims
The claim was struck out because the claimant did not have the necessary two years' service required by section 108 Employment Rights Act 1996. The claimant argued he had asserted a statutory right under s.104 which would make it automatically unfair, but the tribunal found that asserting the right not to be discriminated against (made after dismissal) does not constitute a relevant statutory right under s.104(4) ERA 1996.
Struck out on the same basis as unfair dismissal - the claimant did not have the necessary two years' service required by section 108 Employment Rights Act 1996, and his attempt to rely on automatic unfair dismissal under s.104 failed.
Facts
The claimant brought a claim for unfair dismissal including constructive dismissal against Southern Housing. A strike out warning was issued on 26 July 2024 on the basis that the claimant lacked the necessary two years' service. The claimant responded arguing he had asserted a statutory right during his appeal against dismissal, specifically the right not to be discriminated against, which would make the dismissal automatically unfair under s.104 ERA 1996.
Decision
The tribunal struck out the unfair dismissal and constructive dismissal claims because the claimant did not have two years' service as required by s.108 ERA 1996. The claimant's argument that he had asserted a statutory right failed because the right not to be discriminated against under the Equality Act 2010 is not a relevant statutory right for the purposes of s.104 ERA 1996, and in any event the assertion was made after dismissal.
Practical note
Asserting rights under the Equality Act 2010 does not engage the automatic unfair dismissal protection under s.104 ERA 1996, which is limited to rights conferred by the Employment Rights Act 1996 itself.
Legal authorities cited
Statutes
Case details
- Case number
- 2304151/2024
- Decision date
- 17 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Southern Housing
- Sector
- real estate
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No