Outcome
Individual claims
The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Emmanuel Olupeka was employed by Mitie for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal struck out the unfair dismissal claim on the basis that he lacked the qualifying service period required by statute.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous service as required by section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years continuous service, and claims lacking this qualifying period will be struck out even where other claims may proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6000414/2025
- Decision date
- 26 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Mitie
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No