Claimant v JD Wetherspoon PLC
Outcome
Individual claims
The claimant did not have the required two years continuous service to bring an unfair dismissal claim under s.108 ERA 1996. The tribunal struck out the claim as the claimant had no reasonable prospect of success and failed to provide an acceptable reason why it should not be struck out.
Facts
Mr Parker was employed by JD Wetherspoon plc for less than two years. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether he had the requisite qualifying service to pursue the unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous employment to bring such a claim under s.108 ERA 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
A claimant 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 as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1401845/2025
- Decision date
- 27 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No