Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Annable brought a complaint of unfair dismissal against National Earthmoving Limited. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant had brought other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6013692/2025
- Decision date
- 3 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No