Claimant v Turbine Surface Technologies Limited
Outcome
Individual claims
The claimant was employed by the respondent for less than two years and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Holley was employed by Turbine Surface Technologies Limited for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether he had the statutory qualifying period of service to bring an ordinary unfair dismissal claim.
Decision
The tribunal struck out the ordinary unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other complaints were not affected by this judgment.
Practical note
Employment tribunals will strike out ordinary unfair dismissal claims where the claimant has less than two years' qualifying service and cannot demonstrate grounds for automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6008721/2025
- Decision date
- 9 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No