Outcome
Individual claims
The claimant had less than two years' continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The tribunal struck out the claim as the claimant did not meet the qualifying period.
Facts
Mr A Hakim was employed by La Rueda, a hospitality business, for less than two years before his employment ended. He brought a claim for unfair dismissal along with other complaints that were not specified in detail in this judgment. The tribunal addressed only the unfair dismissal claim at this stage.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the qualifying period of two years' continuous employment required under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2304480/2023
- Decision date
- 10 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- La Rueda
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No