Outcome
Individual claims
The claimant had less than two years' 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 despite being given opportunity to do so.
Facts
Miss Bate was employed by Bryan Ferriby for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal wrote to her on 12 and 27 November 2025 giving her opportunity to explain why the unfair dismissal complaint should not be struck out due to lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should proceed despite being given opportunity to do so. Her other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service under s.108 ERA 1996, and tribunals will strike out such claims on paper where this threshold is clearly not met and the claimant cannot provide justification for the claim to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6020046/2025
- Decision date
- 9 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Bryan Ferriby
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No