Claimant v Blue Diamond UK Limited
Outcome
Individual claims
The claim was struck out under Rule 38(1)(a) because the claimant had less than two years' service and did not establish any basis for an automatic unfair dismissal claim. Section 108 ERA 1996 requires two years' qualifying service for ordinary unfair dismissal claims, which the claimant did not have.
The claimant alleged that their dismissal amounted to unlawful disability discrimination under the Equality Act 2010. This claim was not struck out and remains to be determined as disability discrimination claims do not require qualifying service.
Facts
The claimant was dismissed by Blue Diamond UK Limited after less than two years' service. The claimant brought claims including unfair dismissal and disability discrimination. The tribunal wrote to the claimant on 17 April 2025 proposing to strike out the unfair dismissal claim due to insufficient qualifying service. The claimant responded on 19 April 2025 but did not identify any basis for an automatic unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim under Rule 38(1)(a) as having no reasonable prospect of success because the claimant had less than two years' service and no exception to the qualifying period applied. The disability discrimination claim was not struck out and remains to be determined.
Practical note
Claimants with less than two years' service cannot bring ordinary unfair dismissal claims unless they can establish a specific automatic unfair dismissal ground, but discrimination claims do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6009274/2025
- Decision date
- 2 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No