Outcome
Individual claims
The claim was struck out because the claimant had less than two years service and therefore did not meet the qualifying period required under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Chitokomere was employed by Sodexo Ltd for less than two years before his employment ended. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether he had the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years qualifying service unless falling within exceptions such as automatically unfair reasons, which must be specifically pleaded and evidenced.
Legal authorities cited
Statutes
Case details
- Case number
- 3308983/2024
- Decision date
- 2 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Sodexo Limited
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No