Claimant v Kent Gurkha Company Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory 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.
The judgment references that the claimant has other complaints that are not affected by this judgment, including potential discrimination claims under the Equality Act 2010, which remain to be determined.
Facts
The claimant, Miss L Turner, was employed by Kent Gurkha Company Ltd for less than two years. She brought a complaint of unfair dismissal. She was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The judgment notes she has other complaints, potentially including discrimination claims, which remain unaffected.
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 judge clarified that any discrimination-based dismissal claim would be brought under the Equality Act 2010, not as unfair dismissal, and the claimant's other complaints remain live.
Practical note
Unfair dismissal claims require two years' qualifying service, and claims relating to discriminatory dismissal must be brought as discrimination claims under the Equality Act 2010, not as unfair dismissal under ERA 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 2307512/2023
- Decision date
- 21 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No