Cases6013873/2024

Claimant v Stored Energy Technology Ltd

17 January 2025Before Employment Judge Welchon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required two years continuous service to bring an unfair dismissal complaint 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 despite being given the opportunity to do so.

Facts

The claimant brought an unfair dismissal complaint against their former employer, Stored Energy Technology Ltd. The claimant was employed for less than two years. The tribunal noted that the claimant had other complaints that were not affected by this strike-out judgment.

Decision

The tribunal struck out the unfair dismissal complaint because the claimant lacked the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should proceed despite being given an opportunity to do so.

Practical note

Unfair dismissal claims require two years qualifying service unless the dismissal falls into an automatically unfair category, and claims lacking this threshold will be struck out at the earliest opportunity.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6013873/2024
Decision date
17 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
energy
Represented
No

Claimant representation

Represented
No