Claimant v Stonebridge Construction NW Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than 2 years' service. Section 108 of the Employment Rights Act 1996 requires not less than 2 years' service to pursue an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant A Karim was employed by Stonebridge Construction NW Limited for less than 2 years. The claimant was dismissed and brought a complaint of unfair dismissal. The judgment indicates there are other complaints which remain unaffected by this decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the requisite 2 years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Unfair dismissal claims require 2 years' qualifying service under section 108 ERA 1996, and claims without sufficient service will be struck out even where other complaints remain live.
Legal authorities cited
Statutes
Case details
- Case number
- 6000630/2025
- Decision date
- 19 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No