Claimant v Jaguar Land Rover
Outcome
Individual claims
The claimant did not have the requisite two years' continuous service required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claim was struck out as the claimant had no reasonable prospect of success and failed to provide an acceptable reason why the claim should proceed.
Facts
Mr Foden was employed by Jaguar Land Rover for less than two years. He brought a claim for unfair dismissal. The respondent noted that he did not have the requisite qualifying service. 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 on the basis that the claimant did not have the minimum two years' continuous service required under s.108 Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The claimant was therefore not entitled to bring the proceedings.
Practical note
Ordinary unfair dismissal claims require two years' continuous service; claims lacking this qualifying period will be struck out unless they fall within an exception such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 1311877/2024
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No