Claimant v MEG Derby Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did 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
Mr K Hussain was employed by MEG Derby Limited for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether he had the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the required two years' service under section 108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out. The claimant's other complaints were not affected by this judgment.
Practical note
A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this requirement is jurisdictional.
Legal authorities cited
Statutes
Case details
- Case number
- 2602012/2024
- Decision date
- 17 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No