Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
Miss Z Akhtar brought an unfair dismissal claim against her former employer, EdStart Schools. She was employed for less than two years. The tribunal considered whether the claim should be struck out on the basis that she did not meet the statutory qualifying period of two years continuous service required under section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the claim on the basis that the claimant did not have the required two years continuous service to bring an ordinary unfair dismissal claim. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unrepresented claimants may not understand that ordinary unfair dismissal claims require two years continuous service, leading to claims being struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6025358/2025
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- EdStart Schools
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No