Claimant v Chartwells Independent (Compass)
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the qualifying service required under s.108 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 Chartwells Independent (Compass) for less than two years and was subsequently dismissed. The claimant brought an unfair dismissal complaint along with other complaints. The tribunal considered whether the claimant had the necessary qualifying service to pursue the 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. The claimant's other complaints remain unaffected.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim unless it falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6024723/2025
- Decision date
- 26 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No