Outcome
Individual claims
Claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 ERA 1996. Claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant B Evans was employed by The Vaping Group Limited for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal held a strike-out hearing to determine whether the unfair dismissal claim could proceed.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' continuous service and therefore did not meet the statutory qualifying period required by s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' continuous employment under s.108 ERA 1996, and claims lacking this qualifying period will be struck out even if the claimant has other viable claims proceeding.
Legal authorities cited
Statutes
Case details
- Case number
- 6018938/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No