Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service. Section 108 of the Employment Rights Act 1996 requires not less than two years' continuous employment 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 was employed by the respondent for less than two years before his dismissal. He brought a complaint of unfair dismissal to the employment tribunal. The judgment indicates that the claimant had other complaints beyond unfair dismissal that were not affected by this ruling.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' continuous employment unless the dismissal falls within an automatically unfair category, and this jurisdictional requirement will result in strike-out where not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6002564/2025
- Decision date
- 13 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No