Claimant v Welsh Ambulance Services NHS Trust
Outcome
Individual claims
The claimant lacked the necessary two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Williams was employed by the Welsh Ambulance Service for less than two years before his employment ended. He brought a claim of unfair dismissal along with other complaints. The tribunal gave him an opportunity to explain why the unfair dismissal complaint should not be struck out but he failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
The two-year qualifying period for ordinary unfair dismissal claims is strictly enforced and will result in strike-out where the service requirement is not met, unless the claim falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 1600361/2024
- Decision date
- 27 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No