Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the claim should not be struck out.
Facts
The claimant was employed by Benchmark Capital for less than two years and brought a claim for unfair dismissal. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not have the requisite two years' continuous service required under s.108 Employment Rights Act 1996 to bring an ordinary unfair dismissal claim and provided no acceptable reason why the claim should proceed.
Practical note
Unfair dismissal claims require two years' continuous employment unless the dismissal falls into an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6020697/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No