Claimant v Nicholas Oakwell Holding Ltd t/a No Uniform
Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claim was struck out as having no reasonable prospect of success.
Facts
The claimant brought a complaint of unfair dismissal against the respondent. The claimant was employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant are not affected by this strike out.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the requisite two years continuous service required by s.108 ERA 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to give an acceptable reason.
Practical note
This case reinforces that the two-year qualifying period for ordinary unfair dismissal claims is a strict jurisdictional requirement that cannot be waived absent specific statutory exceptions such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6020232/2024
- Decision date
- 26 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No