Claimant v Bharti Global Limited
Outcome
Individual claims
Claimant was employed for less than two years and did not meet the eligibility requirement under s.108 Employment Rights Act 1996 for ordinary unfair dismissal. Claim was struck out at earlier hearing on 13 December 2024.
Facts
Claimant was dismissed after less than two years' service with the respondent. The claimant brought a claim for ordinary unfair dismissal which was struck out on 13 December 2024 for lack of qualifying service. The claimant applied for reconsideration of that strike-out judgment on 13 December 2024.
Decision
The tribunal refused the application for reconsideration. There was no reasonable prospect of varying or revoking the original decision as the claimant clearly did not have the required two years' service for ordinary unfair dismissal under s.108 ERA 1996. The application was also out of time. The judge clarified that any automatic unfair dismissal claim under s.103A (whistleblowing) was not affected by the strike-out.
Practical note
Ordinary unfair dismissal requires two years' service under s.108 ERA 1996, but automatic unfair dismissal claims such as whistleblowing under s.103A have no qualifying period and must be considered separately.
Legal authorities cited
Statutes
Case details
- Case number
- 6014423/2024
- Decision date
- 13 June 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No