Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
L Jones brought an unfair dismissal claim against Total Site Maintenance. The claimant was employed by the respondent for less than two years. The tribunal considered whether the claimant had the requisite qualifying service to bring the claim.
Decision
The tribunal struck out the claim on the basis that the claimant lacked the necessary two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying service will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6007647/2024
- Decision date
- 10 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No