Claimant v Qerim Aliaj
Outcome
Individual claims
The claimant had less than two years' continuous service, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Singh brought an unfair dismissal complaint against Qerim Aliaj after being dismissed. The claimant had been employed for less than two years at the time of dismissal. The judgment notes that the claimant has other complaints remaining in the case which are unaffected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the requisite two years' continuous service required under section 108 ERA 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' continuous service to bring an ordinary unfair dismissal complaint unless the dismissal is automatically unfair.
Legal authorities cited
Statutes
Case details
- Case number
- 3302833/2024
- Decision date
- 6 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Qerim Aliaj
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No