Claimant v Edwardian Pastoria Hotels Ltd
Outcome
Individual claims
The claimant did not have the required two years' continuous employment under the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant acknowledged this lack of qualifying service in correspondence. The tribunal struck out the unfair dismissal claim as the claimant was not entitled to bring it.
This claim for notice pay was not affected by the strike-out judgment and remains to be determined.
This claim for unpaid wages was not affected by the strike-out judgment and remains to be determined.
Facts
Mr Leucuta was employed by Edwardian Pastoria Hotels Ltd but did not complete two years of continuous employment. His employment ended and he brought claims including unfair dismissal, wrongful dismissal (notice pay), and unpaid wages. The claimant acknowledged in correspondence that he lacked the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the two years' continuous employment required under the Employment Rights Act 1996. The claimant's other claims for wrongful dismissal and unpaid wages were not affected and remain to be determined.
Practical note
Employees must have at least two years' continuous service to bring an unfair dismissal claim, and claims without qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2215318/2023
- Decision date
- 12 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No