Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction. The claimant's employment lasted from 26 March 2024 to 12 April 2024, giving less than one month of service. Under the Employment Rights Act 1996, two years' continuous service is required to bring an unfair dismissal claim, which the claimant did not have.
Facts
Mr Young worked for Carbon Rewind Ltd from 26 March 2024 to 12 April 2024, a period of less than one month. He brought a claim for unfair dismissal and other unspecified claims. The claimant indicated by telephone before the preliminary hearing that he did not wish to attend and failed to complete case management documentation. The respondent was represented by Peninsula Consulting.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction because the claimant did not have the requisite two years' continuous service required under the Employment Rights Act 1996. The tribunal also produced directions for other claims and gave the claimant until 16 May 2025 to confirm whether he wished to withdraw them or continue.
Practical note
An unfair dismissal claim requires two years' continuous employment, and claims will be dismissed at preliminary hearing if this jurisdictional threshold is not met regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 3305679/2024
- Decision date
- 8 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No