Claimant v Videojet Technologies Limited
Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period required by 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 to do so.
Facts
Mr Coulter was employed by Videojet Technologies Limited for less than two years before his dismissal. He brought an unfair dismissal claim without meeting the statutory qualifying period of service required under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the claim because the claimant lacked the necessary two years of continuous service to bring an unfair dismissal complaint. 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
Claimants must have at least two years of continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this fundamental jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 3306129/2024
- Decision date
- 30 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No