Claimant v Blue Fountain Care LTD
Outcome
Individual claims
The claimant did not have the required two years of continuous service to bring an unfair dismissal claim under Section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Kweku was employed by Blue Fountain Care Ltd, a healthcare company, for less than two years. He brought a complaint of unfair dismissal, along with other unspecified complaints that remain live. The tribunal was asked to strike out the unfair dismissal claim due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the two years' continuous service required by Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints were unaffected.
Practical note
Unrepresented claimants often fail to understand the two-year qualifying period for ordinary unfair dismissal claims, leading to strike-outs for jurisdictional defects.
Legal authorities cited
Statutes
Case details
- Case number
- 1403158/2024
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No