Claimant v FPC Global Ltd
Outcome
Individual claims
The Claimant was employed for less than 2 years by the date of dismissal on 30 January 2023. Under s.108(1) ERA 1996, an employee must be continuously employed for at least 2 years to bring an unfair dismissal claim. The tribunal therefore lacked jurisdiction to hear the claim and it was struck out under Rule 37(1)(a) for no reasonable prospect of success.
Under s.155 ERA 1996, an employee must be continuously employed for at least 2 years to have any right to a statutory redundancy payment. The Claimant's employment lasted less than 2 months from 12 December 2022 to 30 January 2023. The tribunal therefore lacked jurisdiction and struck out the claim under Rule 37(1)(a) for no reasonable prospect of success.
Facts
The Claimant was employed by the Respondent from 12 December 2022 until his dismissal on 30 January 2023, a period of approximately 1.5 months. He filed claims for unfair dismissal and statutory redundancy payment with the Employment Tribunal on 28 April 2023. A preliminary hearing was held on 14 June 2024 to determine whether the tribunal had jurisdiction to hear these claims.
Decision
The tribunal struck out both the unfair dismissal and redundancy payment claims under Rule 37(1)(a) for having no reasonable prospect of success. The tribunal found it lacked jurisdiction to hear the claims because the Claimant had not been continuously employed for the minimum statutory period of 2 years required under s.108(1) and s.155 of the Employment Rights Act 1996.
Practical note
Employment tribunals have no jurisdiction to hear unfair dismissal or statutory redundancy payment claims where the employee has less than 2 years continuous service, regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 2206298/2023
- Decision date
- 24 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- FPC Global Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No