Outcome
Individual claims
The claimant did not have the required two years continuous service under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claim was struck out for lack of jurisdiction as the claimant was employed for less than two years.
Facts
Miss Johnson was employed by Philip Stanton for less than two years. She brought a claim for unfair dismissal along with other unspecified complaints. The claimant was given the opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on jurisdictional grounds because the claimant did not have the required two years continuous employment under s.108 ERA 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years continuous service, and claims lacking this qualifying period will be struck out for lack of jurisdiction regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 3311126/2024
- Decision date
- 14 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Philip Stanton
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No