Claimant v London Borough of Brent
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the qualifying service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to make representations or request a hearing after being given the opportunity to do so, and the claim was struck out on paper.
Facts
The claimant Miss R Olayinka was employed by Brent Council for less than two years before her dismissal. She brought a claim for unfair dismissal. The tribunal wrote to her on 2 September 2024 noting that she appeared to lack the two-year qualifying service required under section 108 ERA 1996 and gave her the opportunity to make representations or request a hearing as to why the claim should not be struck out. The judgment notes that the claimant has other remaining claims listed for hearing in November 2024.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore did not meet the statutory qualifying period. The claimant failed to make any representations or request a hearing after being given the opportunity to do so. The claimant's other claims remain active and listed for hearing.
Practical note
Claimants without two years' continuous employment cannot bring ordinary unfair dismissal claims unless specific circumstances apply, and failure to respond to tribunal orders to show cause can result in claims being struck out on paper.
Legal authorities cited
Statutes
Case details
- Case number
- 3300337/2024
- Decision date
- 14 October 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No