Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the qualifying period required 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.
Facts
The claimant F Yasmin was employed by Dorset Wheels Ltd for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other complaints. The tribunal noted that the claimant was given the opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the requisite two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment and remain live.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6023174/2025
- Decision date
- 4 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No