Claimant v Orthene Chemicals Ltd
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Orthene Chemicals Ltd for less than two years. He brought a complaint of unfair dismissal. The judgment indicates there were other complaints not affected by this judgment, suggesting he brought multiple claims.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment, and claims brought without this qualifying period will be struck out unless they fall within an automatically unfair dismissal category.
Legal authorities cited
Statutes
Case details
- Case number
- 6013762/2024
- Decision date
- 10 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No