Outcome
Individual claims
The claim was struck out because 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 to bring an unfair dismissal claim. The claimant was given an opportunity to provide a reason why the claim should not be struck out but failed to provide an acceptable reason.
Facts
Mr Sahal was employed by Menzies aviation for less than two years before his employment ended. He brought an unfair dismissal claim against the respondent. The tribunal considered whether the claim should be struck out due to lack of qualifying service.
Decision
The tribunal struck out the claim because the claimant did not have the minimum two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason for why the claim should proceed despite this jurisdictional barrier.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 3306406/2024
- Decision date
- 20 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Menzies aviation
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No