Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is the minimum qualifying period 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 despite being given the opportunity to do so.
Facts
Mr Shariff brought an unfair dismissal complaint against his former employer, Stephenie Bridge. He was employed for less than two years. The tribunal struck out the claim on the basis that the claimant did not meet the minimum qualifying period of service required by statute. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because s.108 ERA 1996 requires not less than two years' service to bring an ordinary unfair dismissal complaint, and the claimant had less than two years' service. The claimant could not provide an acceptable reason why the complaint should proceed.
Practical note
Ordinary unfair dismissal claims require a minimum of two years' continuous employment, and claims lacking this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 3303667/2024
- Decision date
- 24 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Stephenie Bridge
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No