Claimant v Eastern Airways (UK) Ltd (In Administration)
Outcome
Individual claims
The claimant lacked the required two years continuous service under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The tribunal struck out the complaint as the claimant had no prospect of success on this jurisdictional ground and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Eastern Airways (UK) Ltd, an airline company now in administration, for less than two years. The claimant brought an unfair dismissal complaint along with other unspecified complaints. The tribunal invited the claimant to provide reasons why the unfair dismissal complaint should not be struck out given the lack of qualifying service, but no acceptable reason was provided.
Decision
The tribunal struck out the unfair dismissal complaint on jurisdictional grounds because the claimant did not have the required two years continuous employment under s.108 ERA 1996. The claimant's other complaints remain unaffected by this judgment and will proceed.
Practical note
Unfair dismissal claims require two years qualifying service except in cases of automatically unfair dismissal, and the tribunal will strike out claims where this jurisdictional threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 1808462/2025
- Decision date
- 22 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No