Claimant v Cable & Splicing Services Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the statutory qualifying period 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.
Facts
The claimant Daniel Hutsby was employed by Cable & Splicing Services Ltd for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other complaints not specified in this judgment. The tribunal gave the claimant an opportunity to explain why his unfair dismissal claim should not be struck out given his lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should proceed despite this. The claimant's other complaints remain unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and this requirement will be strictly enforced through strike-out where no exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6011198/2025
- Decision date
- 3 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No