Claimant v Wettons Cleaning Services Limited
Outcome
Individual claims
The claimant had less than two years' continuous service at the time of dismissal, which is required to bring an ordinary unfair dismissal claim. The claimant was given notice to respond with any reasons why the claim should not be struck out but did not respond. No automatic unfair dismissal exception was established.
Facts
The claimant was dismissed without notice by letter dated 13 November 2023. According to the claim form, he had less than two years' service at the time of dismissal. The tribunal notified the claimant on 19 February 2024 that two years' service is generally required for unfair dismissal claims and requested written reasons by 4 March 2024 why his claim should not be struck out. No response was received. The claimant's case was that the respondent did not follow a fair process before dismissing him.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the requisite two years' continuous service. The claimant failed to identify any automatic unfair dismissal exception that would remove the qualifying service requirement, and no such exception was established at the hearing.
Practical note
A claimant must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to identify an applicable automatic unfair dismissal exception will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2301802/2024
- Decision date
- 4 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No