Outcome
Individual claims
The claimant did not have the required two years continuous service to bring an unfair dismissal claim under Section 108 of the Employment Rights Act 1996. The tribunal struck out the claim as the claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
M Makwana brought an unfair dismissal complaint against their employer, Roopa Kukadia. The claimant was employed for less than two years. The judgment indicates the claimant has other complaints that are not affected by this particular judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory requirement of two years continuous service under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Claimants must have at least two years continuous service 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
- 6021614/2025
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Roopa Kukadia
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No