Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
Mr K Tomlinson was employed by Shine Care Ltd for less than two years. He brought a complaint of unfair dismissal along with other complaints. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years' qualifying service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment.
Practical note
Unrepresented claimants often fail to understand that ordinary unfair dismissal claims require two years' continuous service, and tribunals will strike out such claims when the jurisdictional threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6011040/2024
- Decision date
- 3 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Shine Care Ltd
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No