Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant, Mr A Simcox, brought a claim of unfair dismissal against Fusion CLC. He was employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant were not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years' qualifying service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement is strictly enforced.
Legal authorities cited
Statutes
Case details
- Case number
- 6022037/2024
- Decision date
- 27 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Fusion CLC
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No