Cases→2600354/2025

Claimant v Brookestreet Agency

3 June 2025Before Employment Judge McTigueMidlands East

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' service and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

Facts

Mr Patel brought an unfair dismissal claim against Brookestreet Agency and the Ministry of Justice. He had worked for the respondent for less than two years. The judgment notes that other complaints brought by the claimant were not affected by this strike-out decision.

Decision

The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' qualifying service under s.108 Employment Rights Act 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to do so.

Practical note

Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim unless the dismissal falls into an automatically unfair category.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
2600354/2025
Decision date
3 June 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Brookestreet Agency
Sector
professional services
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No
Search for this judgment on GOV.UK →