Outcome
Individual claims
The claim was struck out because the claimant did not have the required 2 years' qualifying service to bring an unfair dismissal claim under sections 95 and 98 of the Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim.
Facts
Natasha Cleary brought an unfair dismissal claim against her employer Amna Tariq. The employment relationship lasted less than 2 years. The tribunal conducted a strike out hearing to determine whether the claim could proceed.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required 2 years' qualifying service under sections 95 and 98 of the Employment Rights Act 1996. Without the qualifying period, the tribunal had no jurisdiction to hear the unfair dismissal complaint.
Practical note
Ordinary unfair dismissal claims require 2 years' continuous employment; claims brought without this qualifying service will be struck out for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6012870/2024
- Decision date
- 21 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Amna Tariq
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No