Claimant v Advance Construction Scotland Ltd
Outcome
Individual claims
The claimant had less than 2 years' service when her employment ended and did not rely on any exceptions to the minimum qualifying period under section 108 of the Employment Rights Act 1996. The tribunal struck out the claim under rule 38(1)(a) as having no reasonable prospect of success because the claimant lacked the necessary qualifying service.
Facts
Miss Healy brought an unfair dismissal claim against her former employer, Advance Construction Scotland Ltd. At a preliminary hearing for case management on 9 September 2024, she agreed that she had less than 2 years' service when her employment ended. She did not rely on any exceptions to the minimum qualifying period under section 108 ERA 1996. The tribunal gave her until 17 September 2024 to explain why the claim should not be struck out, but she did not respond.
Decision
The tribunal struck out the unfair dismissal complaint under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024 because it had no reasonable prospect of success. The claimant lacked the required 2 years' qualifying service and did not invoke any statutory exceptions.
Practical note
An unfair dismissal claim will be struck out where the claimant admits having less than the required 2 years' qualifying service and fails to identify any applicable statutory exception.
Legal authorities cited
Statutes
Case details
- Case number
- 8000886/2024
- Decision date
- 18 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No