Outcome
Individual claims
The claimant did not have the required two years' continuous service to bring an unfair dismissal claim under s.108 ERA 1996. The claim was struck out for having no reasonable prospect of success due to lack of qualifying service.
Facts
The claimant was employed by Toob Limited for less than two years before his dismissal. He brought an unfair dismissal claim to the employment tribunal. The tribunal identified that he lacked the required qualifying service under s.108 ERA 1996, which mandates not less than two years' continuous employment to bring such a claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Decision
The tribunal struck out the claim on the basis that the claimant did not have two years' qualifying service as required by s.108 ERA 1996. The claimant failed to provide an acceptable reason why the claim should proceed despite lacking the statutory qualifying period.
Practical note
Unrepresented claimants must ensure they meet the two-year service requirement for ordinary unfair dismissal claims before lodging a claim, as lack of qualifying service provides clear grounds for strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 1402319/2025
- Decision date
- 5 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Toob Limited
- Sector
- telecoms
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No