Claimant v 22 Hotel Management Limited
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim for want of jurisdiction because the claimant did not have the required two years' qualifying service under section 108 of the Employment Rights Act 1996. Without the minimum continuous employment period, the tribunal had no jurisdiction to hear the unfair dismissal claim.
Facts
Mr Fahmi brought an unfair dismissal claim against his former employer, 22 Hotel Management Limited, a company in the hospitality sector. The claimant appeared in person at a preliminary hearing conducted remotely, while the respondent was represented by counsel, Jonathan Heard. The tribunal convened to determine a jurisdictional issue regarding the claimant's eligibility to bring the claim.
Decision
Employment Judge Goodman struck out the unfair dismissal claim on jurisdictional grounds because Mr Fahmi did not have two years' continuous service, which is the mandatory qualifying period for ordinary unfair dismissal claims under section 108 of the Employment Rights Act 1996. Without meeting this threshold requirement, the tribunal had no power to hear the claim.
Practical note
A claimant must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking qualifying service will be struck out for want of jurisdiction at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2216164/2024
- Decision date
- 21 October 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No