Claimant v Green Motion Leicester
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The tribunal struck out the claim for lacking statutory qualification.
Discrimination complaints under the Equality Act 2010 were not affected by this strike-out judgment and remain live for determination at a future hearing.
Facts
Mr Gondalia was employed by Green Motion Leicester for less than two years before his dismissal. He brought claims for unfair dismissal and discrimination. The claimant argued that his unfair dismissal claim should proceed because it related to unlawful discrimination.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under s.108 Employment Rights Act 1996. The judge clarified that discriminatory dismissal complaints must be brought under the Equality Act 2010, not as unfair dismissal claims, and confirmed the discrimination complaints remain live.
Practical note
Unfair dismissal claims require two years' qualifying service; claimants with shorter service alleging discriminatory dismissal must frame their claims under the Equality Act 2010, which has no service requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6021664/2024
- Decision date
- 30 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No