Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years of continuous service 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
The claimant, Mr Swandon Bishop, was employed by The Cotswold Outpost for less than two years. He brought a complaint of unfair dismissal. The judgment indicates that the claimant had other complaints pending which were not affected by this judgment. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years of continuous employment under s.108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years of qualifying service under s.108 ERA 1996, and claims without this will be struck out unless they fall within an automatic unfair dismissal exception.
Legal authorities cited
Statutes
Case details
- Case number
- 6011539/2025
- Decision date
- 18 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No