Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service 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.
Facts
Mr Riley was employed by PC Specialist Limited for less than two years. He brought a claim for unfair dismissal along with other complaints. The tribunal considered whether he had sufficient qualifying service to bring the unfair dismissal claim. Despite being given an opportunity to explain why the claim should proceed, the claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the two years' qualifying service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require two years' continuous service, and claims lacking this qualifying period will be struck out unless an exception applies such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6006661/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No