Claimant v BlueSquare Marketing
Outcome
Individual claims
The claimant had less than two years continuous service, which is the statutory qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide acceptable reasons why the claim should not be struck out despite being given the opportunity to do so by the tribunal on 12 September 2024.
Facts
The claimant F Choudhary brought an unfair dismissal claim against their former employer BlueSquare Marketing. The claimant had less than two years continuous employment with the respondent. On 12 September 2024, the tribunal wrote to the claimant giving them an opportunity to explain why the unfair dismissal complaint should not be struck out due to insufficient qualifying service. The claimant failed to provide an acceptable reason.
Decision
Employment Judge Burge struck out the unfair dismissal claim because the claimant did not meet the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996, and failed to provide acceptable reasons why the claim should proceed despite being given the opportunity. The judgment notes that the claimant's other complaints are not affected.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims lacking this qualifying period unless there are exceptional circumstances such as automatically unfair reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 6010536/2024
- Decision date
- 8 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No