Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The claim was struck out for lacking jurisdiction.
Facts
Mr Sharma was employed by UCEA Capital Partners for less than two years before his employment ended. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether he had the necessary qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under s.108 Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. Other complaints were unaffected.
Practical note
Unfair dismissal claims require two years qualifying service unless the dismissal falls into an automatically unfair category; lack of qualifying service is a jurisdictional bar that will result in strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6026888/2025
- Decision date
- 11 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No