Claimant v Jonathan Harrison - Green Shield Group
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint, and the claimant did not provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
Mrs Berry was employed by Jonathan Harrison - Green Shield Group for less than two years before her dismissal. She brought a claim for unfair dismissal along with other complaints. The tribunal noted she had been given the opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous employment under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment and remain live.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal falls into an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2407386/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No