Claimant v Brushstrokes Roadsweepers Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Bayley brought an unfair dismissal complaint against his former employer, Brushstrokes Roadsweepers Limited. He had been employed by the respondent for less than two years. The judgment notes that the claimant had other complaints not affected by this decision.
Decision
Employment Judge Bansal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so.
Practical note
Unfair dismissal claims require two years qualifying service unless the dismissal falls into an automatically unfair category, and tribunals will strike out claims on paper where this threshold is clearly not met.
Legal authorities cited
Statutes
Case details
- Case number
- 1300281/2024
- Decision date
- 31 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No