Claimant v City Electrical Factors
Outcome
Individual claims
The claimant did not have the required two years continuous service under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity to do so.
Facts
The claimant K Robinson was employed by City Electrical Factors for less than two years before being dismissed. The claimant brought an unfair dismissal claim. The respondent did not participate in the proceedings. The tribunal struck out the claim on the basis that the claimant lacked the statutory qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years continuous employment, which is required under s.108 ERA 1996. 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
Unfair dismissal claims require two years continuous service unless the dismissal falls into an automatic unfair dismissal category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6021737/2024
- Decision date
- 21 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No