Claimant v Julian Willis / Hall Weir Electrical
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the statutory qualifying service requirement 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.
Facts
H Liu brought an unfair dismissal claim against Julian Willis / Hall Weir Electrical. The claimant was employed for less than two years. The judgment notes that the claimant had other complaints that were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years qualifying service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in strike-out unless the claim falls within a category of automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6033268/2025
- Decision date
- 16 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No