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. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Miss Mtize was employed by Gillian Darby for less than two years. She brought a claim for unfair dismissal along with other complaints. The tribunal considered whether she had the requisite qualifying service to pursue an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore did not meet the statutory qualifying period under section 108 ERA 1996. The claimant's other complaints were not affected by this judgment.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6017827/2024
- Decision date
- 28 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Gillian Darby
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No