Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the minimum qualifying period required under section 108 of the Employment Rights Act 1996. No exceptions applied and the claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Southern Water for less than two years and brought a complaint of unfair dismissal. The tribunal wrote to the claimant on 27 June 2025 giving him an opportunity to provide reasons why the unfair dismissal claim should not be struck out due to insufficient qualifying service. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996, and no exceptions applied. The claimant's other complaints remain unaffected and are listed for a case management hearing.
Practical note
Unfair dismissal claims require two years' qualifying service unless specific exceptions apply, and claimants must respond substantively when tribunals give notice of intention to strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6015304/2025
- Decision date
- 9 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Southern Water
- Sector
- energy
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No