Cases2304617/2024

Claimant v Surrey County Council

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Struck out because the claimant did not have the required 2 years' continuous service to bring an unfair dismissal claim under section 108 Employment Rights Act 1996.

Whistleblowingwithdrawn

Withdrawn by the claimant by email on 8 July 2024.

Discrimination Arising from Disability (s.15)(disability)withdrawn

Withdrawn by the claimant by email on 8 July 2024.

Facts

Mr D Smith brought claims against Surrey County Council for unfair dismissal, whistleblowing detriment, and disability discrimination. The claimant did not have the required two years' continuous service necessary to bring an unfair dismissal claim.

Decision

The unfair dismissal claim was struck out for lack of qualifying service under section 108 ERA 1996. The whistleblowing and disability discrimination claims were dismissed following their withdrawal by the claimant on 8 July 2024.

Practical note

Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims can be withdrawn before or during proceedings.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
2304617/2024
Decision date
20 May 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Surrey County Council
Sector
local government
Represented
No

Claimant representation

Represented
No