Claimant v Royal Mail Group Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Currah was employed by Royal Mail Group Ltd for less than two years. He was dismissed and brought a claim for unfair dismissal. The tribunal struck out the claim on the basis that he did not have the necessary qualifying service.
Decision
The tribunal struck out the claim because section 108 of the Employment Rights Act 1996 requires two years' continuous service to bring an unfair dismissal claim, and the claimant had less than two years' service. 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
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying service will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6020192/2024
- Decision date
- 25 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No