Claimant v Secretary of State for Housing, Communities and Local Government, acting through the Planning Inspectorate
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required 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.
Facts
Ms Z Jones was employed by the Secretary of State for Housing, Communities and Local Government, acting through the Planning Inspectorate, for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted she had other complaints that were not affected by this judgment.
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 an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and lack of qualifying service is a jurisdictional bar that will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6004948/2024
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No