Claimant v PizzaExpress (Restaurants) Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service and therefore did not meet the qualifying period required by 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.
Facts
The claimant was employed by PizzaExpress (Restaurants) Limited for less than two years. The claimant brought a complaint of unfair dismissal along with other complaints. The tribunal noted that the claimant had other complaints that were not affected by this judgment.
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 the opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal is automatically unfair; unrepresented claimants must understand qualifying periods before filing claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6021607/2025
- Decision date
- 8 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No