Claimant v Rola Property Ltd
Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
The claimant was employed by the respondent for less than two years. Section 155 of the Employment Rights Act 1996 requires a claimant to be employed for two years or more to be eligible for a redundancy payment. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
The claimant brought complaints of unfair dismissal and sought a redundancy payment. He was employed by the respondent for less than two years. The tribunal struck out both claims on the basis that the claimant did not meet the statutory qualifying periods.
Decision
The tribunal struck out the unfair dismissal and redundancy payment claims because the claimant had less than two years service and therefore did not meet the statutory qualifying periods under sections 108 and 155 of the Employment Rights Act 1996. The claimant's other complaints were not affected.
Practical note
Unfair dismissal and redundancy payment claims require a minimum of two years continuous employment, and claims without this qualifying service will be struck out regardless of merit.
Legal authorities cited
Statutes
Case details
- Case number
- 1305633/2024
- Decision date
- 14 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No