Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
The claimant, Miss I D Nae, brought a claim for unfair dismissal against her employer Extrastaff. However, she had been employed for less than two years at the time of dismissal. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on the basis that the claimant lacked the necessary qualifying service under s.108 Employment Rights Act 1996, which requires not less than two years continuous employment to bring an unfair dismissal claim. The claimant was not entitled to bring the proceedings.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' continuous service and cannot establish an exception to the qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 3302544/2025
- Decision date
- 6 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Extrastaff
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No