Claimant v Durnsford Lodge Ltd
Outcome
Individual claims
The claim was struck out because the Claimant had less than two years' continuous service with the Respondent, which is required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The Claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
Mrs K Hoggan brought a complaint of unfair dismissal against Durnsford Lodge Ltd. She had been employed by the Respondent for less than two years. The tribunal noted that other complaints brought by the Claimant were not affected by this judgment.
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 was given an opportunity to provide reasons why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and this jurisdictional threshold is strictly applied unless the dismissal falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 1401259/2025
- Decision date
- 22 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No