Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Miss C Jenkins was employed by the respondent Nigle Downes for less than two years before her employment ended. She brought a claim for unfair dismissal along with other complaints. The tribunal noted she had been given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory requirement of two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment and remain live.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and lack of qualifying service will result in strike-out regardless of the merits of the underlying dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6020764/2024
- Decision date
- 7 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Nigle Downes
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No