Claimant v Tiffany and Co Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement 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.
Facts
The claimant brought a complaint of unfair dismissal against Tiffany and Co Limited. The claimant was employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years of continuous service as required by section 108 of the Employment Rights Act 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 of continuous employment to bring an ordinary unfair dismissal claim, and claims lacking the qualifying service will be struck out at preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6009473/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No