Outcome
Individual claims
The claim was struck out because 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 to bring an unfair dismissal complaint. 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 Boyce brought an unfair dismissal complaint against his former employer Opentext. He was employed by the respondent for less than two years. The judgment notes that the claimant has other complaints that are not affected by this judgment, indicating he brought multiple claims.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory two-year qualifying period required by section 108 ERA 1996. Despite being given the opportunity, the claimant failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
Unfair dismissal claims require a minimum of two years' continuous service, and claims lacking this qualifying period will be struck out at a preliminary stage unless an exception applies (such as automatically unfair dismissal).
Legal authorities cited
Statutes
Case details
- Case number
- 6009322/2025
- Decision date
- 23 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Opentext
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No