Claimant v Community Health Partnerships Limited
Outcome
Individual claims
The claimant had less than 2 years' service and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996. The tribunal struck out the claim for lack of jurisdiction after the claimant failed to provide an acceptable reason why it should proceed.
Facts
The claimant was employed by Community Health Partnerships Limited for less than 2 years. The claimant brought multiple claims including unfair dismissal. The tribunal considered whether the unfair dismissal claim should be struck out for lack of jurisdiction given the insufficient qualifying service period.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required 2 years' continuous employment to bring such a claim under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should proceed but failed to provide an acceptable reason. The claimant's other complaints remain unaffected and will proceed to hearing.
Practical note
Unfair dismissal claims require at least 2 years' continuous employment, and tribunals will strike out claims for lack of jurisdiction where this qualifying period is not met, even if the claimant has other valid claims proceeding.
Legal authorities cited
Statutes
Case details
- Case number
- 6017889/2024
- Decision date
- 3 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No