Claimant v Arcania Apothecary Ltd
Outcome
Individual claims
The claimant had less than two years continuous service as required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant brought an unfair dismissal claim against Arcania Apothecary Ltd. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints that were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the minimum two years continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years qualifying service under ERA 1996 s.108, and claims lacking this will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6016863/2025
- Decision date
- 20 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No