Outcome
Individual claims
The claimant had less than two years continuous service, which is required 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.
Facts
Mr Nagy was employed by Forticrete Ltd for less than two years. He brought a claim for unfair dismissal along with other complaints. The tribunal noted he had been given an opportunity to provide reasons why the unfair dismissal complaint should not be struck out, but he failed to give an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment.
Practical note
Claimants must have at least two years continuous service to bring ordinary unfair dismissal claims, and this jurisdictional requirement will result in strike out if not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6002540/2023
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Forticrete Ltd
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No