Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 ERA 1996. The tribunal struck out the unfair dismissal claim after giving the claimant an opportunity to provide reasons why it should not be struck out, but no acceptable reason was given.
Facts
H Sweeney was employed by Torus Safe to Speak for less than two years before their dismissal. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the required two years' continuous service under 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. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require at least two years' continuous service unless the dismissal falls within an automatically unfair category, and claims lacking this qualifying period will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6011014/2024
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No