Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under 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.
Facts
Mr Durber brought claims against two respondents alleging unfair dismissal. He was employed for less than two years. The judgment indicates the claimant has other complaints which remain unaffected by this strike-out ruling.
Decision
The tribunal struck out the unfair dismissal complaints in both claims because the claimant did not have the two years' qualifying service required under section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so satisfactorily.
Practical note
An unfair dismissal claim will be struck out where the claimant does not have the requisite two years' continuous service, and this is a jurisdictional bar that applies unless the dismissal falls within an automatic unfair dismissal category.
Legal authorities cited
Statutes
Case details
- Case number
- 2307709/2023
- Decision date
- 16 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No