Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The tribunal struck out the unfair dismissal claim as the claimant lacked jurisdiction to bring it.
Facts
The claimant brought an unfair dismissal complaint against his former employer Bachem (UK) Ltd. The claimant was employed for less than two years. The judgment notes that other complaints brought by the claimant remain unaffected.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the minimum two years' continuous service required by s.108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Practical note
Unfair dismissal claims require two years' continuous employment unless the dismissal falls within an automatically unfair category, and claims lacking this qualifying period will be struck out for want of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 2407039/2024
- Decision date
- 2 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Bachem (UK) Ltd
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No