Claimant v University of Lincoln Students' Union
Outcome
Individual claims
The claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by the University of Lincoln Students' Union for less than two years and was dismissed. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted he had been 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 complaint because the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment and presumably remain live.
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 regardless of its merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6027443/2025
- Decision date
- 18 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No