Claimant v Tameside Metropolitan Borough Council
Outcome
Individual claims
The claimant had less than two years continuous employment. Section 108 of the Employment Rights Act 1996 requires a minimum of two years service to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Tameside Metropolitan Borough Council for less than two years. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The claimant 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 claim on the basis that the claimant did not have the requisite two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require two years continuous service, and claims lacking this qualifying period will be struck out unless the claimant can establish an automatic unfair dismissal or another exception.
Legal authorities cited
Statutes
Case details
- Case number
- 2404627/2023
- Decision date
- 18 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No