Claimant v J Murphy & Sons Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mr Campbell was employed by J Murphy & Sons Limited for less than two years before his employment ended. He brought a complaint of unfair dismissal along with other unspecified complaints. The respondent appears to be a construction company.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the requisite two years' continuous employment required under s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service under s.108 ERA 1996, and claims lacking this will be struck out at a preliminary stage unless an exception applies such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6003768/2025
- Decision date
- 11 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No