Claimant v Swan Care Solutions Limited
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' qualifying employment. Employment commenced in September 2022 and ended in January 2024, providing only approximately 16 months of service, which is insufficient to bring an unfair dismissal claim under ERA 1996 s.108.
The claim for redundancy payment was struck out because the claimant lacked the required two years' qualifying employment. With only 16 months of service, the claimant did not meet the statutory eligibility threshold for a statutory redundancy payment under ERA 1996 s.155.
Facts
The claimant was employed by Swan Care Solutions Limited, a care services company, from September 2022 to January 2024. He brought claims for unfair dismissal and redundancy payment following the termination of his employment. The key issue was whether he had sufficient qualifying service to bring these statutory claims.
Decision
The tribunal struck out both claims because the claimant had only approximately 16 months of continuous employment, falling short of the statutory two-year qualifying period required for unfair dismissal and redundancy payment claims under the Employment Rights Act 1996.
Practical note
Claimants must have at least two years of continuous employment to bring claims for ordinary unfair dismissal and statutory redundancy payment, and claims lacking this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1305449/2024
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No