Claimant v Route Delivery Solutions (RDS) Limited
Outcome
Individual claims
The claimant did not have the required two years continuous service under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claim was struck out as the claimant lacked the statutory qualification period and failed to provide an acceptable reason why it should not be struck out.
Facts
Mr Godawela brought an unfair dismissal complaint against his former employer, Route Delivery Solutions (RDS) Limited. He had been employed by the respondent for less than two years. The judgment indicates that the claimant has other complaints proceeding which were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the statutory two-year qualifying period required under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years continuous service under ERA 1996 s.108, and claims lacking this qualification will be struck out at a preliminary stage unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6002715/2025
- Decision date
- 1 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No