Claimant v Richards Events & Recruitment Services Ltd
Outcome
Individual claims
The claimant did not have the requisite two years' continuous service required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The tribunal struck out the claim as the claimant could not meet this statutory threshold and failed to provide an acceptable reason why it should proceed.
The wrongful dismissal (breach of contract) claim was not affected by this judgment and remains live for determination.
Facts
Mr Rodriguez brought claims of unfair dismissal and wrongful dismissal against his former employer, Richards Events & Recruitment Services Ltd. He had been employed for less than two years before his dismissal. The tribunal considered whether he had sufficient qualifying service to bring an unfair dismissal claim under the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under Section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. The wrongful dismissal claim was unaffected and remains live.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this requirement is strictly applied unless an exception such as automatically unfair dismissal applies.
Legal authorities cited
Statutes
Case details
- Case number
- 3304761/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No