Cases6001554/2025

Claimant v ZeroAvia

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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 claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.

Facts

Mr O Demirus brought a complaint of unfair dismissal against ZeroAvia. He was employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant are not affected by this judgment, indicating multiple claims were filed.

Decision

The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide a reason why the complaint should not be struck out but failed to do so.

Practical note

A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and this jurisdictional requirement can be determined as a preliminary issue leading to strike-out.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6001554/2025
Decision date
23 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
technology
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No