Claimant v The Secretary of State for the Department for Work and Pensions
Outcome
Individual claims
The claimant was employed by the respondent for less than two years and therefore does not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
The claimant E A Bedding brought a complaint of unfair dismissal against the Department for Work and Pensions. The claimant was employed for less than two years. The judgment notes that the claimant has other complaints that are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service, and claims brought without this will be struck out unless the claimant can establish an automatically unfair dismissal or another exception.
Legal authorities cited
Statutes
Case details
- Case number
- 6018517/2025
- Decision date
- 8 January 2026
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No