Claimant v DWF Advocacy Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Ms Wilkinson was employed by DWF Advocacy Ltd for less than two years. She brought a complaint of unfair dismissal along with other complaints. The tribunal gave her an opportunity to explain why the unfair dismissal complaint should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory two-year qualifying service requirement under s.108 Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require a minimum of two years' continuous employment, and claims brought without this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2406698/2024
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- DWF Advocacy Ltd
- Sector
- legal services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No