Claimant v Kent County Council
Outcome
Individual claims
The claim was struck out because the claimant did not have the required 2 years' continuous service to bring an ordinary unfair dismissal claim under section 98 of the Employment Rights Act 1996.
The tribunal confirmed that the discrimination allegations were not affected by this judgment and remain to be determined at a future hearing.
Facts
Ms Mcarthur brought claims against Kent County Council including unfair dismissal and discrimination allegations. The unfair dismissal claim was considered on the papers by the Employment Judge who determined that the claimant did not have the required qualifying service period.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the mandatory 2 years' continuous service required under the Employment Rights Act 1996. The discrimination allegations were expressly preserved and remain to be determined.
Practical note
Claimants must have at least 2 years' continuous service to bring an ordinary unfair dismissal claim, though discrimination claims have no such qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 6008578/2025
- Decision date
- 13 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Kent County Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No