Claimant v Polar Speed Distribution Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is the minimum qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. 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
M Brown brought an unfair dismissal claim against Polar Speed Distribution Ltd. The claimant was employed by the respondent for less than two years. The tribunal struck out the claim on the basis that the claimant did not have the minimum qualifying period of service required by law.
Decision
The tribunal struck out the claim because section 108 of the Employment Rights Act 1996 requires at least two years' continuous service to bring an unfair dismissal complaint. The claimant had less than two years' service and failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims will be struck out at a preliminary stage if this qualifying period is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 1300242/2024
- Decision date
- 17 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No