Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period required by s.108 ERA 1996 to bring an unfair dismissal claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Facts
Ms Owens brought an unfair dismissal claim against The Ship Inn, a hospitality employer. She was employed for less than two years. The tribunal considered whether she met the statutory qualifying period required to bring an unfair dismissal claim under the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide acceptable reasons.
Practical note
Unrepresented claimants need to be aware of the two year qualifying period for ordinary unfair dismissal claims, as claims without sufficient service will be struck out at an early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 1603210/2025
- Decision date
- 3 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- The Ship Inn
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No