Claimant v Excellerate Services UK Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The tribunal struck out the unfair dismissal claim as the claimant had no jurisdiction to bring it and failed to provide an acceptable reason why it should not be struck out.
Facts
The claimant, Ms L Shaw, was employed by Excellerate Services UK Limited for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The judgment notes that she was given the opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the minimum two years' continuous service required under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal is automatically unfair, and tribunals will strike out claims lacking jurisdiction where no acceptable reason to proceed is given.
Legal authorities cited
Statutes
Case details
- Case number
- 6002422/2025
- Decision date
- 21 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No