Claimant v Cloud Imperium Games
Outcome
Individual claims
Struck out for lack of jurisdiction. The claimant did not have 2 years continuous service as required under section 108 Employment Rights Act 1996. The claimant failed to make representations or request a hearing after being given two opportunities to explain why the claim should not be struck out.
Facts
The claimant brought an unfair dismissal claim against Cloud Imperium Games but did not have the required 2 years continuous service. The tribunal wrote to the claimant on 17 December 2024 and again on 23 January 2025 giving opportunities to explain why the claim should not be struck out for lack of jurisdiction or whether a breach of contract claim was also being pursued. The claimant failed to respond or request a hearing.
Decision
The tribunal struck out the unfair dismissal claim in its entirety because the claimant lacked the requisite 2 years continuous service required by section 108 ERA 1996, meaning the tribunal had no jurisdiction. The claimant was given multiple opportunities to respond but failed to make any representations or request a hearing.
Practical note
Claimants must have 2 years continuous service to bring an unfair dismissal claim, and failure to respond to tribunal directions regarding jurisdictional issues will result in strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6021041/2024
- Decision date
- 26 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No