Claimant v Pennine Kennedy Solicitors
Outcome
Individual claims
The claimant was employed for less than 2 years and therefore did not meet the qualifying service requirement under s.108 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 to do so.
Facts
The claimant S Barnett brought a complaint of unfair dismissal against their employer, Pennine Kennedy Solicitors, a legal services firm. The claimant had been employed for less than 2 years. The tribunal held a strike-out hearing to consider whether the claim could proceed. The claimant had other complaints in addition to unfair dismissal which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required 2 years' continuous employment as required by 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
A claimant must have at least 2 years' continuous employment to bring an ordinary unfair dismissal claim, and a strike-out is appropriate where this statutory threshold is not met and no acceptable reason is given to proceed otherwise.
Legal authorities cited
Statutes
Case details
- Case number
- 6005943/2025
- Decision date
- 15 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No