Outcome
Individual claims
The claimant had less than two years continuous service. 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.
Facts
Mr Sangha was employed by DNATA for less than two years. He brought a claim for unfair dismissal. The respondent or tribunal identified that he did not have the requisite two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
Employment Judge Quill struck out the claim on the basis that the claimant lacked the qualifying period of two years continuous employment necessary to bring an unfair dismissal claim under section 108 ERA 1996. The claimant provided no acceptable reason for the claim to proceed.
Practical note
Unfair dismissal claims require two years continuous service, and claims without this qualifying period will be struck out unless the dismissal falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 3301604/2025
- Decision date
- 7 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- DNATA
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No