Claimant v Lakeside Ventures Limited T/A West Country Water Park
Outcome
Individual claims
The claimant did not have the requisite two years' continuous service required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claim was struck out for lack of jurisdiction.
Facts
Mrs Jordan was employed by Lakeside Ventures Limited T/A West Country Water Park for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether she had the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the two years' continuous service required by s.108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to give an acceptable reason. Other complaints remained unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service and will be struck out at a preliminary stage where this jurisdictional requirement is not met, regardless of the merits of the underlying dispute.
Legal authorities cited
Statutes
Case details
- Case number
- 1402543/2024
- Decision date
- 3 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No