Claimant v Affordable Family Law Group Community Interest Company T/a BH Support
Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant therefore lacked the necessary qualifying service.
Facts
Miss O'Sullivan brought an unfair dismissal claim against her former employer, BH Support, a community interest company providing legal support services. She had been employed for less than two years before her dismissal. The tribunal noted she had other complaints pending that were not affected by this judgment.
Decision
Employment Judge Roper struck out the unfair dismissal complaint because the claimant lacked the necessary two years' qualifying service required by Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to give an acceptable explanation.
Practical note
Unfair dismissal claims under Section 94 ERA 1996 require two years' continuous service; claims brought without this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6000790/2023
- Decision date
- 6 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No