Claimant v Churches Conservation Trust
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mr Bal was employed by the Churches Conservation Trust for less than two years before his employment ended. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out on the basis that he lacked the requisite qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had not completed the two years' continuous service required under section 108 of the 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. The claimant's other complaints were unaffected by this judgment.
Practical note
Without two years' qualifying service, an ordinary unfair dismissal claim cannot proceed unless it falls within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 1305041/2024
- Decision date
- 24 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No