Claimant v AFC Bournemouth
Outcome
Individual claims
The claimant was employed for less than two years and did not satisfy the qualifying service requirement under section 108 of the Employment Rights Act 1996. The tribunal found that the claimant's circumstances, including his personal health issues, did not bring him within the exceptions to the two-year qualifying service rule.
Facts
The claimant was employed by AFC Bournemouth for less than two years and brought an unfair dismissal claim. The claimant referred to personal circumstances including a stroke in his email and claim form. The respondent did not participate in the proceedings.
Decision
The tribunal struck out the claim on the basis that the claimant did not have the requisite two years continuous employment required by section 108 of the Employment Rights Act 1996. The tribunal found that despite sympathy for the claimant's personal circumstances, no exception to the qualifying service requirement applied.
Practical note
Ordinary unfair dismissal claims require two years qualifying service and the tribunal has no general discretion to waive this requirement based on personal hardship or health circumstances alone.
Legal authorities cited
Statutes
Case details
- Case number
- 1400483/2025
- Decision date
- 12 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- AFC Bournemouth
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No