Outcome
Individual claims
The claimant did not have the required two years continuous service to bring an unfair dismissal claim under s.108 ERA 1996. The tribunal gave the claimant opportunities to provide reasons why the claim should not be struck out but no acceptable reason was provided. The claim was therefore struck out for lack of jurisdiction.
Facts
The claimant brought an unfair dismissal claim against his former employer AO. However, the claimant had less than two years continuous employment with the respondent. The tribunal wrote to the claimant on 23 August and 24 November 2023 giving him opportunities to explain why the claim should not be struck out, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant lacked the statutory two years qualifying service required under s.108 ERA 1996 to bring an unfair dismissal complaint. Despite being given opportunities to respond, the claimant provided no acceptable reason why the claim should proceed.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and claims lacking this jurisdictional requirement will be struck out on the papers if no acceptable explanation is provided.
Legal authorities cited
Statutes
Case details
- Case number
- 2407707/2023
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- AO
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No