Claimant v Secretary of State for Justice
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim.
Facts
The claimant brought multiple claims against the Secretary of State for Justice including unfair dismissal. The claimant had less than two years continuous service with the respondent at the time of dismissal.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996. The claimant's other complaints remained unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require two years continuous service - claims brought without the qualifying period will be struck out for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 3303063/2024
- Decision date
- 5 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- No
Claimant representation
- Represented
- No