Claimant v Alliance Property Holdings Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the statutory requirement under s.108 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
Mr Hazelwood brought an unfair dismissal claim against Alliance Property Holdings Limited. He was employed by the respondent for less than two years. The tribunal gave him the opportunity to explain why his claim should not be struck out, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not have the minimum two years' service required under s.108 Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The claimant had no grounds to proceed.
Practical note
This case reinforces the strict application of the two-year qualifying period for ordinary unfair dismissal claims under s.108 ERA 1996, with no discretion to waive this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 3302979/2024
- Decision date
- 24 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No