Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and 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, L O'Sullivan, was employed by Elysium Healthcare for less than two years. The claimant brought a complaint of unfair dismissal. The respondent is a healthcare company.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required two years continuous service under 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
Claimants must have at least two years continuous employment to bring an ordinary unfair dismissal claim, and lack of qualifying service is a jurisdictional bar that will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6022231/2024
- Decision date
- 16 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No