Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service, which is the minimum qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant A Ali was employed by Morse Networks Ltd for less than two years. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the minimum two years continuous service required under s.108 Employment Rights Act 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 brought by the claimant were not affected by this judgment.
Practical note
Unfair dismissal claims will be struck out where the claimant lacks the statutory two-year qualifying period, unless there is an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6010173/2024
- Decision date
- 11 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No