Claimant v Boniface Engineering Ltd
Outcome
Individual claims
The claimant lacked the requisite two years continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to give an acceptable reason why the complaint should not be struck out.
Facts
Mr Wyatt was employed by Boniface Engineering Ltd for less than two years. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal complaint should be struck out on the basis that he lacked the necessary qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous employment, which is required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. His other complaints remain unaffected.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement will result in a strike-out if not met, even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6014990/2024
- Decision date
- 12 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No