Claimant v Virgin Media Limited
Outcome
Individual claims
The claimant had less than two years continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mr Parsons was employed by Virgin Media Limited for less than two years before his employment ended. He brought a claim for unfair dismissal along with other unspecified complaints. The judgment indicates he was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide 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 and presumably continue.
Practical note
A claimant must have at least two years continuous employment to bring an ordinary unfair dismissal claim, and failure to meet this statutory threshold will result in the claim being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1311351/2024
- Decision date
- 24 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- telecoms
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No