Claimant v Midland Mencap
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is required by section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The claimant was given an opportunity to respond to a strike out warning letter but did not provide an acceptable reason why the complaint should not be struck out.
Facts
Ms Parker-Hughes was employed by Midland Mencap, a charity, for less than two years before her employment ended. She brought a claim for unfair dismissal along with other unspecified complaints. The tribunal sent her a strike out warning letter on 23 April 2025, giving her an opportunity to explain why the unfair dismissal claim should not be struck out.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' continuous service, which is required by section 108 of the Employment Rights Act 1996 to bring such a claim. The claimant did not provide an acceptable reason to avoid the strike out. Her other complaints remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment, and claims brought without this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6022139/2024
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Midland Mencap
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No