Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Wayne Clancy was employed by Tuffnells Limited for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the requisite two years' continuous service required 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. Other complaints brought by the claimant remain unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6027608/2025
- Decision date
- 6 January 2026
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No