Outcome
Individual claims
The claimant was employed by the respondent for less than two years. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
Ms Pona brought an unfair dismissal claim against Yo Sushi, a hospitality company. The claimant had been employed for less than two years. The tribunal gave the claimant an opportunity to explain why the claim should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not have the required two years' service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996, and failed to provide an acceptable reason why the claim should proceed.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 1603397/2025
- Decision date
- 31 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Yo Sushi
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No