Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr C White brought an unfair dismissal claim against Rogue Alloy Co Ltd. The claimant had been employed by the respondent for less than two years. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on the basis that the claimant lacked the necessary qualifying period of two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 3305890/2024
- Decision date
- 7 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No