Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the qualifying period required under s.108 Employment Rights Act 1996. The tribunal struck out the unfair dismissal complaint as the claimant failed to provide an acceptable reason why it should not be struck out.
Facts
Mr D Thomas brought an unfair dismissal complaint against his former employer Kee Safety Logistics Ltd. The claimant had been employed by the respondent for less than two years. The judgment notes that the claimant has other complaints which are not affected by this decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require a minimum of two years continuous employment unless the dismissal is automatically unfair, and claims lacking the qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1311539/2024
- Decision date
- 19 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No