Claimant v F M Conway Limited
Outcome
Individual claims
The claimant did not have the statutory minimum of two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant was employed by F M Conway Limited for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The respondent or tribunal identified that the claimant did not meet the statutory qualifying period for an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other complaints remained unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls into an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6009318/2025
- Decision date
- 28 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No