Claimant v Hough Green Garage Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under Section 108 of the 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 to do so.
Facts
Mr Morris brought an unfair dismissal complaint against Hough Green Garage Ltd. The claimant had been employed by the respondent for less than two years. The judgment notes that the claimant had other complaints that were not affected by this strike out, suggesting multiple claims were brought.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying service requirement under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to give an acceptable reason.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6009457/2024
- Decision date
- 3 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No