Cases2600884/2025

Claimant v Greengate Medical Centre

21 November 2025Before Employment Judge McTigueMidlands Easton papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

Facts

Mrs Kumar was employed by Greengate Medical Centre for less than two years before being dismissed. She brought a claim for unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis that she did not have the required qualifying service.

Decision

The tribunal struck out the unfair dismissal claim because the claimant had less than two years' continuous employment, which is the minimum qualifying period 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. Her other claims remain unaffected.

Practical note

Unfair dismissal claims require at least two years' continuous service unless the dismissal falls within an exception such as automatic unfair dismissal for a protected reason.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
2600884/2025
Decision date
21 November 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No