Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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
Mr Sullivan was employed by The Range for less than two years before his dismissal. He brought a claim for unfair dismissal. The tribunal struck out the claim on the basis that he did not have the required minimum two years' continuous service to bring an ordinary unfair dismissal claim under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory qualifying service requirement of two years under section 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.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement will result in strike-out if not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6020967/2024
- Decision date
- 15 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- The Range
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No