Outcome
Individual claims
The claim was struck out because the claimant did not have 2 years continuous employment with the respondent at the effective date of termination, meaning the tribunal had no jurisdiction to hear the claim under section 108 Employment Rights Act 1996. The claimant also failed to respond to the strike out warning letter dated 22 October 2024.
Facts
Thomas Owen brought a claim of unfair dismissal against T F Jones. Employment Judge Holmes issued a strike out warning letter on 22 October 2024, to which the claimant failed to respond. The claimant did not have the required 2 years continuous employment with the respondent at the effective date of termination.
Decision
The tribunal struck out the claim because it had no jurisdiction to hear an unfair dismissal complaint from someone with less than 2 years service under section 108 ERA 1996, and because the claimant failed to respond to the strike out warning letter.
Practical note
Unfair dismissal claims require two years continuous employment except in cases of automatic unfair dismissal, and failure to respond to tribunal correspondence can result in strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 2403569/2024
- Decision date
- 14 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- T F Jones
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No