Outcome
Individual claims
The claims were struck out because the claimants had less than two years' continuous service, which is required under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimants failed to provide an acceptable reason why the complaints should not be struck out despite being given the opportunity to do so.
Facts
Two claimants, Mr Griffiths and Mr Grauzel, brought claims of unfair dismissal against their individual employer, Ms Dumciute. Both claimants had been employed for less than two years when their employment ended. The judgment notes that the claimants had other complaints pending which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaints because the claimants did not have the required two years' continuous service under Section 108 ERA 1996. The claimants were given an opportunity to provide reasons why the complaints should not be struck out but failed to give an acceptable reason. Their other complaints remain live.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal falls into an automatically unfair category, and tribunals will strike out claims that clearly have no prospect of success due to lack of qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2404735/2024
- Decision date
- 21 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Ms G Dumciute
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No