Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service and therefore did not meet the qualifying period required under s.108 ERA 1996 to bring an ordinary unfair dismissal claim. The claimant was given the opportunity to provide an acceptable reason why the claim should not be struck out but failed to do so.
Facts
Miss B Davies was employed by Bramble Hall Day Nursery, a day nursery. Her employment lasted less than two years. She brought a claim for unfair dismissal. The tribunal struck out the claim on the basis that she did not have the required qualifying period of service.
Decision
The tribunal struck out the claim because the claimant had less than two years continuous service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and claims lacking this jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6030192/2025
- Decision date
- 17 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No