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 to bring an ordinary unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant brought a complaint of unfair dismissal against his former employer, Rock Compliance Limited. The claimant was employed by the respondent for less than two years. The tribunal noted that the claimant had other complaints pending, including potential discrimination claims.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under 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. Other claims, including any discrimination claims, remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment under section 108 ERA 1996, and claims lacking this qualifying period will be struck out unless they fall within an exception such as automatic unfair dismissal or discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 1308665/2023
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No