Cases6023420/2025

Claimant v Midd Engineering (Coventry) Limited

22 December 2025Before Employment Judge EdmondsMidlands West

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

Facts

Mr Oppong was employed by Midd Engineering (Coventry) Limited for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted that other complaints remained unaffected by this judgment.

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

Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless one of the automatic unfair dismissal exceptions applies.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6023420/2025
Decision date
22 December 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
No