Claimant v Mr Neil Williamson
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal complaint under s.108 Employment Rights Act 1996. The claimant was employed for less than two years and 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 L Coombes was employed by the respondent Mr Neil Williamson for less than two years. The claimant brought a complaint of unfair dismissal. The tribunal considered whether the claimant had the qualifying service required under s.108 Employment Rights Act 1996 and gave the claimant an opportunity to explain why the claim should not be struck out.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous employment to bring such a complaint under s.108 ERA 1996. The claimant failed to provide an acceptable reason why the claim should proceed despite being given the opportunity to do so.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service and will be struck out at an early stage where this threshold is not met and no alternative basis for the claim is identified.
Legal authorities cited
Statutes
Case details
- Case number
- 6015282/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No