Claimant v Leeds Trinity University
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement 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.
Facts
The claimant A McKie was employed by Leeds Trinity University for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the two years qualifying service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected and can proceed.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal falls within an automatically unfair category; claims lacking this qualifying period will be struck out at preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6006204/2024
- Decision date
- 17 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No