Claimant v The Automobile Association
Outcome
Individual claims
The claimant had less than two years' service and did not fall within any exception to the s.108 ERA 1996 qualifying period requirement. The tribunal struck out the claim as the claimant had no entitlement to bring an unfair dismissal complaint and failed to provide an acceptable reason why it should not be struck out.
Facts
The claimant was employed by The Automobile Association for less than two years and brought a complaint of unfair dismissal. The judgment notes that other complaints brought by the claimant were not affected by this ruling, suggesting multiple claims were filed.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under s.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.
Practical note
Unfair dismissal claims require two years' continuous employment unless falling within specific statutory exceptions; claimants without qualifying service will have their claims struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6022386/2024
- Decision date
- 14 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No