Claimant v Countrywide Estate Agents Limited
Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period required under section 108 Employment Rights Act 1996. The claimant failed to provide reasons why an exception to the two-year qualifying period should apply despite being given the opportunity to do so.
This claim continues and has not yet been determined by the tribunal.
This claim continues and has not yet been determined by the tribunal.
Facts
Mr Baptiste brought claims against two respondents including unfair dismissal, race discrimination, and unauthorised deductions from wages. He was employed for less than two years. The tribunal gave him an opportunity to explain why his unfair dismissal claim should not be struck out for lack of qualifying service. He responded on 9 September 2025 but failed to identify any applicable exception under section 108 ERA 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years service and failed to demonstrate any applicable exception. The race discrimination and unauthorised deductions from wages claims continue and will be determined at a future hearing.
Practical note
Unrepresented claimants may pursue unfair dismissal claims without understanding the two-year qualifying period requirement, and tribunals will strike out such claims even where other claims with merit continue.
Legal authorities cited
Statutes
Case details
- Case number
- 2307639/2023
- Decision date
- 10 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No