Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires at least two years' service 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 to do so.
Facts
Mr Betts was employed by Wagamama for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether he had the necessary qualifying period of service to bring an unfair dismissal claim under the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
Employees 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 at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2304730/2025
- Decision date
- 16 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Wagamama
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No