Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
This claim was not affected by the strike out of the unfair dismissal claim and will proceed to a hearing.
Facts
The claimant H McPhilbin was employed by Royal Mail for less than two years before being dismissed. The claimant brought a claim for unfair dismissal and holiday pay. The tribunal considered whether the claimant met the qualifying service requirement for unfair dismissal claims.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out. The holiday pay claim will proceed separately.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out unless there is an automatic unfair dismissal exception.
Legal authorities cited
Statutes
Case details
- Case number
- 2401994/2025
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Royal Mail
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No