Claimant v Scotia Gas Networks Limited
Outcome
Individual claims
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 tribunal struck out the unfair dismissal claim as the claimant had no entitlement to bring it and failed to give an acceptable reason why it should not be struck out.
Facts
Miss Lynch brought an unfair dismissal complaint against Scotia Gas Networks Limited after her employment ended. She had been employed for less than two years. The judgment indicates there are other complaints that remain unaffected by this strike out decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service 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.
Practical note
Claimants must have at least two years continuous employment to bring an ordinary unfair dismissal claim unless it falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6010161/2024
- Decision date
- 6 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No