Claimant v Dental Partners Trading Limited
Outcome
Individual claims
The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant was employed by Dental Partners Trading Limited for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory requirement of two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this jurisdictional threshold will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6018168/2025
- Decision date
- 10 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No