Outcome
Individual claims
The claimant had less than two years' service, which is required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The tribunal therefore had no jurisdiction to hear this claim.
This claim remains live and is not affected by the judgment striking out the ordinary unfair dismissal complaint.
Facts
The claimant was employed by the respondent, an individual employer, for less than two years. Upon dismissal, the claimant brought multiple complaints including ordinary unfair dismissal and automatic unfair dismissal. The tribunal considered the qualifying service requirement for ordinary unfair dismissal claims.
Decision
The tribunal struck out the ordinary unfair dismissal complaint because the claimant lacked the required two years' continuous service under section 108 ERA 1996. The claimant's other complaints, including automatic unfair dismissal, remain unaffected and continue.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service, but claims for automatic unfair dismissal have no such requirement and can proceed independently.
Legal authorities cited
Statutes
Case details
- Case number
- 6011945/2025
- Decision date
- 4 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Paul Gray
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No