Claimant v OCS Group UK Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' 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 claim should not be struck out despite being given the opportunity to do so.
Facts
Mr Bakare was employed by OCS Group UK Limited for less than two years. He brought a claim of unfair dismissal. The tribunal considered whether he had the necessary qualifying service to bring such a claim under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the claim on the basis that the claimant lacked the requisite two years' continuous service required to bring an ordinary unfair dismissal claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying service will be struck out unless they fall within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 3300925/2025
- Decision date
- 19 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No