Claimant v Trent Construction Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is the statutory qualifying period required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to give an acceptable reason.
Facts
Mr Metcalfe brought an unfair dismissal claim against his former employer, Trent Construction Limited. He had been employed for less than two years. The tribunal gave him an opportunity to explain why his claim should not be struck out for lack of qualifying service, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on the basis that the claimant lacked the necessary two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was unable to provide any acceptable reason why the claim should proceed.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2603191/2023
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No