Claimant v Markerstudy Insurance Services Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous employment, which is the statutory qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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
The claimant was employed by Markerstudy Insurance Services Limited 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 did not meet the statutory qualifying period.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service, and claims lacking this will be struck out unless there is an automatic unfair dismissal exception.
Legal authorities cited
Statutes
Case details
- Case number
- 2600568/2024
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No