Outcome
Individual claims
Both claimants were employed for less than two years and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The claimants failed to provide an acceptable reason why the complaints should not be struck out despite being given the opportunity to do so.
Facts
Two claimants, Mr R Marugah and Ms S Qarouane, brought claims for unfair dismissal against Haix Limited. Both claimants had been employed by the respondent for less than two years. The judgment is a partial strike-out, noting that the claimants have other complaints that remain unaffected by this decision.
Decision
The tribunal struck out the unfair dismissal complaints because both claimants failed to meet the statutory requirement of two years' continuous service under section 108 of the Employment Rights Act 1996. The claimants were given an opportunity to explain why the complaints should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years of continuous employment to bring an ordinary unfair dismissal claim, and tribunals will strike out such claims where this qualifying period has not been met.
Legal authorities cited
Statutes
Case details
- Case number
- 2303111/2024
- Decision date
- 20 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Haix Limited
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No