Claimant v Blackbelt Smartphone Defence Ltd
Outcome
Individual claims
The claimant had less than two years' continuous service, which is 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 despite being given the opportunity to do so.
Facts
Mr Pennington was employed by Blackbelt Smartphone Defence Ltd for less than two years. He brought a complaint of unfair dismissal along with at least one other complaint. The tribunal struck out the unfair dismissal claim on the basis that he did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying service requirement under section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. The claimant's remaining complaint(s) will proceed to a full hearing.
Practical note
Unfair dismissal claims require two years' continuous service under section 108 ERA 1996, and claims lacking this will be struck out at a preliminary stage even if other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2405624/2023
- Decision date
- 3 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No