Claimant v LNT Construction Newco Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by LNT Construction Newco Limited for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal complaint could proceed given the statutory qualifying service requirement.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had not completed the required two years of continuous employment under Section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. His other complaints remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years continuous employment, and claims brought without sufficient qualifying service will be struck out unless the claimant can establish an exception such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 3306699/2024
- Decision date
- 20 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No