Claimant v Compass Group UK and Ireland Ltd t/a Medirest
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
The claimant brought a complaint of unfair dismissal against two respondents. She was employed for less than two years. The claimant was given an opportunity to provide a reason why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason. The judgment notes that other complaints brought by the claimant are not affected by this decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain live.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and tribunals will strike out claims that do not meet this statutory threshold even when other claims remain.
Legal authorities cited
Statutes
Case details
- Case number
- 3301750/2024
- Decision date
- 24 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No