Claimant v Goat Marine Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 ERA 1996 to bring an unfair dismissal claim. The claim was struck out for lack of jurisdiction.
Facts
Mr Law was employed by Goat Marine Limited for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted he had been given the 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 requisite two years' continuous service required under s.108 ERA 1996. The claimant's other complaints were unaffected by this judgment and presumably remain live.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal falls within an automatically unfair category, and tribunals will strike out claims lacking jurisdiction even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 1402236/2024
- Decision date
- 21 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No