2500741/2024Struck out

Middlesbrough DP Ltd

15 August 2024·Employment Tribunal·England & Wales·Employment Judge McGregor

Respondent

Middlesbrough DP Ltd

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Decision date

15 August 2024

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge McGregor

Case Summary

The claimant brought a claim for unfair dismissal against Middlesbrough DP Limited. The claimant did not attend the hearing and was therefore not actively pursuing the claim. The tribunal struck out the complaint on the basis that the claimant had only been employed for approximately three months (26 October 2023 to 19 January 2024), which fell short of the mandatory two-year qualifying period required under section 108 of the Employment Rights Act 1996.

Why this outcome?

No qualifying employment period

The claim was struck out because the claimant had only been employed for less than two years (specifically from 26 October 2023 to 19 January 2024), which fails to meet the mandatory two-year qualifying period required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant's failure to attend the hearing and provide acceptable reasons for striking out the complaint further supported the decision.

Claim Types

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Key Issues

  • Qualifying period for unfair dismissal claim
  • Section 108 Employment Rights Act 1996 - two year service requirement
  • Whether claimant had sufficient service to bring claim

Original published judgment

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