Claimant v Rentaprises Group International Ltd
Outcome
Individual claims
The claimant did not have the requisite two years of continuous service required by 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.
The claimant did not have the requisite two years of continuous service required by section 155 of the Employment Rights Act 1996 to make a claim for redundancy pay. The claimant failed to provide an acceptable reason why the claim should not be struck out.
Facts
The claimant brought complaints of unfair dismissal and a claim for redundancy pay against his former employer. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant brought other complaints which were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint and the redundancy pay claim because the claimant did not have the two years of continuous service required by sections 108 and 155 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claims should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years of continuous service to bring ordinary unfair dismissal and redundancy pay claims, and the tribunal will strike out such claims where this qualifying period has not been met.
Legal authorities cited
Statutes
Case details
- Case number
- 1600687/2024
- Decision date
- 13 November 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No