Outcome
Individual claims
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.
Facts
Mrs Hyde was employed by The Fold London for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether she had the necessary qualifying service to bring an 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
Unfair dismissal claims require two years' continuous employment unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2306152/2025
- Decision date
- 21 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- The Fold London
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No