Claimant v Greenclean Maintenance Services Ltd
Outcome
Individual claims
The claim was struck out because the claimant did not have the required 2 years of continuous employment as required by section 108 of the Employment Rights Act 1996.
The claim for unpaid notice pay was withdrawn by the claimant and dismissed by the tribunal.
The claim for holiday pay was withdrawn by the claimant and dismissed by the tribunal.
Facts
Miss Wright brought claims for unfair dismissal, unpaid notice pay and holiday pay against Greenclean Maintenance Services Ltd. The unfair dismissal claim was struck out because she did not have the required 2 years of continuous employment. The notice pay and holiday pay claims were withdrawn by the claimant.
Decision
The tribunal struck out the unfair dismissal claim under section 108 Employment Rights Act 1996 due to insufficient length of service. The remaining claims for notice pay and holiday pay were dismissed upon withdrawal by the claimant.
Practical note
Claimants must have at least 2 years of continuous employment to bring an ordinary unfair dismissal claim, and a strike-out will result if this jurisdictional requirement is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 1305827/2023
- Decision date
- 25 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No