Claimant v Funeral Services Limited t/a Co-op Funeral Services
Outcome
Individual claims
The claim was struck out for lack of jurisdiction because the claimant had less than 2 years' service. Section 108 of the Employment Rights Act 1996 requires not less than 2 years' service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
This claim is proceeding to a preliminary hearing listed for 17 February 2025 and has not yet been determined on its merits.
Facts
The claimant, Mr Griffiths-Gripton, was employed by Funeral Services Limited (trading as Co-op Funeral Services) for less than 2 years. He brought claims including unfair dismissal and disability discrimination. The respondent challenged the unfair dismissal claim on the basis that the claimant did not have the required qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint for lack of jurisdiction because the claimant had less than the required 2 years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The disability discrimination claim will proceed to a preliminary hearing.
Practical note
Ordinary unfair dismissal claims require a minimum of 2 years' continuous employment, and tribunals will strike out such claims where this qualifying period has not been met and no automatic unfair dismissal provision applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6004320/2024
- Decision date
- 7 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No