Cases6011940/2025

Claimant v UKG Home Care Havant

8 January 2026Before Employment Judge J Baxon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Claimant did not have the required two years continuous service under Section 108 of the Employment Rights Act 1996. Claimant failed to provide an acceptable reason why the complaint should not be struck out.

Facts

Miss Palmer brought an unfair dismissal complaint against UKG Home Care Havant. She was employed by the respondent for less than two years. The tribunal considered whether the unfair dismissal claim could proceed and gave the claimant an opportunity to provide reasons why it should not be struck out.

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 failed to provide an acceptable reason why the complaint should not be struck out. Other complaints brought by the claimant were not affected by this judgment.

Practical note

Ordinary unfair dismissal claims require two years continuous service, and claimants without qualifying service will have their claims struck out unless they can demonstrate an automatic unfair dismissal exception applies.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6011940/2025
Decision date
8 January 2026
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No