Claimant v West Sussex County Council
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the qualifying service required under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Ms Clifford brought a claim for unfair dismissal against West Sussex County Council, her former employer. She had been employed for less than two years. The judgment notes that the claimant has other complaints not affected by this decision.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and lacking this qualifying service will result in the claim being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1402197/2024
- Decision date
- 24 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- West Sussex County Council
- Sector
- local government
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No