Claimant v Samworths brothers
Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide an acceptable reason why the claim should not be struck out but failed to do so.
Facts
Mr Eagles was employed by Samworths Brothers for less than two years before his dismissal. He brought a claim for unfair dismissal to the employment tribunal. The tribunal identified that he lacked the necessary two years continuous service required by statute to bring such a claim.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the statutory qualifying period of 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
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and claims lacking this jurisdictional prerequisite will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6033655/2025
- Decision date
- 30 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No