Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service as required by section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant F Tembo brought an unfair dismissal claim against their employer Nexus People. The claimant had been employed by the respondent for less than two years. The tribunal struck out the claim on jurisdictional grounds because the claimant did not meet the statutory two-year qualifying period required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal complaint under section 108 ERA 1996. Despite being given the opportunity, the claimant failed to provide an acceptable reason why the claim should proceed.
Practical note
Ordinary unfair dismissal claims require a minimum of two years' continuous employment, and claims without this qualifying service will be struck out absent exceptional circumstances such as automatic unfair dismissal grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 6006128/2025
- Decision date
- 8 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Nexus People
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No