Claimant v Peter Andrews Andrews Plant Hire
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Goddard was employed by Peter Andrews Andrews Plant Hire for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted that section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant was given an opportunity to explain why his complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claimant's unfair dismissal complaint on the basis that he did not have the statutory minimum two years' qualifying service required under section 108 ERA 1996. The claimant's other complaints remained unaffected by this judgment.
Practical note
Unrepresented claimants often fail to understand the two-year qualifying period for ordinary unfair dismissal claims, leading to strike-outs where other potential claims may still be viable.
Legal authorities cited
Statutes
Case details
- Case number
- 1403378/2024
- Decision date
- 6 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No