Claimant v Hotels Manchester Ltd
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. 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
Mr Williams was employed by Hotels Manchester Ltd for less than two years. He brought a complaint of unfair dismissal. The judgment notes that the claimant also had other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not meet the statutory requirement of two years' continuous employment under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Ordinary unfair dismissal claims require a minimum of two years' continuous service, and claims lacking this qualifying period will be struck out unless they fall within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6023844/2025
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No