Claimant v London Borough of Ealing
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal claim under s.108 Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Facts
Mr Ekundayo brought a claim for unfair dismissal against London Borough of Ealing. He was employed by the respondent for less than two years before his employment ended. He 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 unfair dismissal claim because the claimant did not meet the statutory requirement of two years' continuous employment under s.108 Employment Rights Act 1996. The claimant had no qualifying service to bring the claim and could not provide a reason why it should proceed.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the statutory minimum of two years' continuous service and cannot establish an exception to this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6013334/2024
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- London Borough of Ealing
- Sector
- local government
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No