Claimant v Health Tech Services Group Ltd
Outcome
Individual claims
The claimant had less than two years' continuous employment. 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.
The claimant had less than two years' continuous employment. Section 155 of the Employment Rights Act 1996 requires employees to have been employed for two years or more to have the right to a redundancy payment. The claimant failed to provide an acceptable reason why the claim should not be struck out.
Facts
The claimant brought claims for unfair dismissal and statutory redundancy payment against his former employer Health Tech Services Group Ltd. The claimant had been employed for less than two years. The tribunal held a strike-out hearing to consider whether the claimant had the requisite qualifying service to bring these claims. The claimant was given an opportunity to explain why the complaints should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal and redundancy payment claims on the basis that the claimant did not have the required two years' continuous employment under sections 108 and 155 of the Employment Rights Act 1996. The claimant's other complaints remained unaffected and are listed for a final hearing in January 2026.
Practical note
This case demonstrates the strict application of qualifying service requirements for unfair dismissal and statutory redundancy claims, which cannot proceed without two years' continuous employment.
Legal authorities cited
Statutes
Case details
- Case number
- 6022705/2025
- Decision date
- 17 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No