Claimant v Denbighshire County Council
Outcome
Individual claims
The claimant did not have the requisite two years' continuous employment required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The tribunal therefore had no jurisdiction to consider the complaint.
Facts
B Hughes brought a claim for unfair dismissal against Denbighshire County Council. The claimant had been employed for less than two years. The tribunal wrote to the claimant on 14 March 2025 giving them an opportunity to make representations as to why the claim should not be struck out for lack of qualifying service. No response or hearing request was received.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the requisite two years' continuous employment required under section 108 of the Employment Rights Act 1996 and the tribunal therefore had no jurisdiction to hear the claim.
Practical note
Employment tribunals have no jurisdiction to hear ordinary unfair dismissal claims where the claimant has less than two years' continuous employment, unless specific statutory exceptions apply.
Legal authorities cited
Statutes
Case details
- Case number
- 6005975/2025
- Decision date
- 16 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Denbighshire County Council
- Sector
- local government
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No