Claimant v OD Contractors Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service. Section 108 of the Employment Rights Act 1996 requires not less than two years' continuous employment to bring an ordinary unfair dismissal claim. The claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity to make representations.
This claim was not affected by the strike-out judgment and remains listed for hearing on 21 January 2025.
Facts
The claimant S Morris was employed by OD Contractors Ltd for less than two years. The claimant brought claims for unfair dismissal and unauthorised deductions from wages. On 1 October 2024, the tribunal wrote to the claimant noting that Section 108 ERA 1996 requires two years' service for unfair dismissal claims and gave the claimant an opportunity to make representations or request a hearing. The claimant failed to respond with an acceptable reason.
Decision
Employment Judge Maidment struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years' continuous employment to bring such a claim under Section 108 of the Employment Rights Act 1996. The unauthorised deductions from wages claim was unaffected and remains listed for hearing.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment, and claims lacking this qualifying service will be struck out unless an exception applies such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6005460/2024
- Decision date
- 31 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No