Claimant v RBS Group
Outcome
Individual claims
The claim was struck out because the claimant did not have the required 2 years' continuous service under section 108 of the Employment Rights Act 1996. The claimant also failed to respond to the tribunal's letter warning of possible strike out.
Facts
Miss Carr-Thompson brought claims against RBS Group and National Westminster Bank plc including a claim for unfair dismissal. The tribunal sent a letter warning of possible strike out, but the claimant failed to respond. The claimant did not have the required 2 years' continuous service necessary to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the statutory qualifying period of 2 years' service. The claimant's failure to respond to the strike out warning letter also contributed to the decision. Other claims brought by the claimant remain unaffected.
Practical note
Claimants must have at least 2 years' continuous service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims lacking jurisdictional foundation, particularly where claimants fail to engage with the process.
Legal authorities cited
Statutes
Case details
- Case number
- 2303839/2024
- Decision date
- 6 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- RBS Group
- Sector
- financial services
- Represented
- No
Claimant representation
- Represented
- No