Outcome
Individual claims
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 claim. The claimant failed to provide an acceptable reason why the claim should not be struck out.
Facts
Mr O'Donnell brought an unfair dismissal claim against his former employer Bourne Leisure Limited. He had been employed by the respondent for less than two years. The claimant was given an opportunity to explain why his claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was therefore not entitled to bring the proceedings.
Practical note
A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and lack of qualifying service is a jurisdictional bar leading to strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6011042/2024
- Decision date
- 13 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No