Outcome
Individual claims
Struck out because the Claimant had less than two years' 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.
Facts
Mr Claydon was employed by The IceWay for less than two years. He brought a claim for unfair dismissal along with other complaints. The judgment states that the Claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
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 of the Employment Rights Act 1996. The Claimant's other complaints were unaffected by this judgment.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement can result in strike-out where not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6009798/2025
- Decision date
- 26 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- The IceWay
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No