Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the statutory qualifying period under s.108 ERA 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.
Facts
The claimant T Katanda brought an unfair dismissal complaint against Clearabee Limited. The claimant had been employed by the respondent for less than two years. The judgment notes that other complaints brought by the claimant remain unaffected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under s.108 ERA 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so.
Practical note
Even if given an opportunity to explain, a claimant without two years service cannot overcome the statutory qualifying period for ordinary unfair dismissal unless the dismissal falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6011937/2025
- Decision date
- 31 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No