Claimant v Bright HR Limited
Outcome
Individual claims
The claimant was employed for less than two years 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 to do so.
Facts
The claimant brought an unfair dismissal claim against Bright HR Limited. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints that were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this statutory threshold will result in the claim being struck out regardless of its merits.
Legal authorities cited
Statutes
Case details
- Case number
- 2402386/2024
- Decision date
- 16 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No