Claimant v Epos Now Ltd
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 was employed for less than two years and therefore not entitled to bring these proceedings. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant M Thomas-McGrath brought a claim for unfair dismissal against their former employer Epos Now Ltd. The claimant was employed for less than two years. The tribunal gave the claimant an opportunity to explain why the claim should not be struck out, but the claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory qualifying period of two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant was therefore not entitled to bring unfair dismissal proceedings.
Practical note
An ordinary unfair dismissal claim requires two years continuous service, and claims brought without this qualifying period will be struck out unless the dismissal falls into an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6008902/2024
- Decision date
- 30 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Epos Now Ltd
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No