Claimant v Novus LTE Group
Outcome
Individual claims
The claimant had less than two years continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
The claimant brought a complaint of unfair dismissal against Novus LTE Group. The claimant had been employed by the respondent for less than two years. The tribunal gave the claimant an opportunity to provide reasons why the unfair dismissal complaint should not be struck out, but the claimant failed to give an acceptable reason. The judgment notes that other complaints brought by the claimant are not affected.
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 unable to provide an acceptable reason why the complaint should proceed despite being given the opportunity.
Practical note
Ordinary unfair dismissal claims require a minimum of two years continuous service, and claimants without qualifying service will have their claims struck out unless they can establish an automatically unfair reason that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6013149/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Novus LTE Group
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No