Outcome
Individual claims
The claimant did not have the required two years continuous service under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The tribunal struck out the complaint as the claimant failed to provide an acceptable reason why it should not be struck out despite being given the opportunity.
Facts
Mr Tank was employed by Greasley Electronics Limited for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether he had sufficient qualifying service to bring the unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous service as required by s.108 Employment Rights Act 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 other complaints were unaffected.
Practical note
Unfair dismissal claims require two years continuous service under s.108 ERA 1996 and claims lacking this qualifying period will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6003348/2025
- Decision date
- 31 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No