Claimant v Ergo Computing UK Limited
Outcome
Individual claims
The claimant was employed for less than two years and did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996. The claimant's response did not explain why the unfair dismissal claim should proceed.
This claim continues and has not yet been determined. The judgment only struck out the unfair dismissal claim while explicitly stating the religion or belief discrimination claim proceeds.
Facts
Mr Hussain was employed by Ergo Computing UK Limited for less than two years before his dismissal. He brought claims for unfair dismissal and religion or belief discrimination. The tribunal issued a notice requiring him to explain why the unfair dismissal claim should proceed given his lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service and did not meet the qualifying period under section 108 ERA 1996. The claimant's response addressed his discrimination claim but failed to explain why the unfair dismissal claim should proceed. The religion or belief discrimination claim continues.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatically unfair category, and a claimant must address the qualifying service issue when challenged by the tribunal.
Legal authorities cited
Statutes
Case details
- Case number
- 2600056/2025
- Decision date
- 26 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No