Claimant v Keith & Debbie Barnett
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Morris was employed by Keith and Debbie Barnett for less than two years. He brought a claim for unfair dismissal. The tribunal gave him the opportunity to explain why the claim should not be struck out but he failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory requirement of two years continuous employment under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should proceed but failed to do so.
Practical note
Unfair dismissal claims require a minimum of two years continuous service, and tribunals will strike out claims lacking this qualifying period where no acceptable explanation is provided for why the claim should proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2303774/2024
- Decision date
- 21 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No