Claimant v Parkinson's UK
Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Parkinson's UK for less than two years. The claimant brought a claim for unfair dismissal along with other complaints. The respondent argued that the claimant did not meet the statutory qualifying service requirement. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment.
Practical note
Unfair dismissal claims require two years qualifying service unless the dismissal falls within an automatically unfair category, and claims lacking this fundamental requirement will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6010815/2024
- Decision date
- 20 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Parkinson's UK
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No