Claimant v Vapess Two U Ltd
Outcome
Individual claims
The claimant had less than two years continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Ulici was employed by Vapess Two U Ltd for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal struck out his unfair dismissal claim on the basis of insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years service as required by Section 108 ERA 1996. The claimant was given opportunity to provide reasons why it should not be struck out but failed to do so. Other complaints remain unaffected.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim unless it falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 1400930/2025
- Decision date
- 24 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Vapess Two U Ltd
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No