Outcome
Individual claims
The claimant had less than two years continuous service as 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. The claim had no reasonable prospect of success.
Facts
Mr Oyibo brought an unfair dismissal claim against Amber Labs Limited. He had been employed for less than two years. The tribunal gave him the opportunity to explain why his claim should not be struck out for lack of qualifying service, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the necessary two years continuous service required by s.108 ERA 1996. The judgment notes that other complaints, if they exist, are not affected by this decision.
Practical note
Unfair dismissal claims will be struck out where the claimant has less than two years service and cannot demonstrate dismissal for an automatically unfair reason.
Legal authorities cited
Statutes
Case details
- Case number
- 6005782/2024
- Decision date
- 23 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No