Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The tribunal struck out the unfair dismissal complaint as the claimant had no legal entitlement to bring it.
Facts
Mr L Sousa was employed by DWP for less than two years. He brought a complaint of unfair dismissal along with other complaints. The respondent or tribunal raised the issue of qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous employment under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require a minimum of two years' continuous service, and claims brought without this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 3306693/2024
- Decision date
- 27 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No