Claimant v Compass Recruitment SW Ltd
Outcome
Individual claims
The claimant did not have the required two years' continuous service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant 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 S Klenczar brought an unfair dismissal complaint against three respondent companies: Compass Recruitment SW Ltd, MGF Ltd, and Clarity Contractors UK Ltd. The claimant was employed for less than two years. The judgment notes that the claimant has other complaints that are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' continuous service and cannot establish an exception to the qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6022745/2024
- Decision date
- 12 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No