Outcome
Individual claims
The claimant did not have the required two years continuous service 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
The claimant H Fang was employed by the respondent Zong Jin for less than two years. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the statutory requirement of two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement will result in strike out where not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6031557/2025
- Decision date
- 2 January 2026
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Zong Jin
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No