Claimant v Custom Cafe Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service, which is the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
Mrs Fortis was employed by Custom Cafe Limited for less than two years before her dismissal. She brought a claim for unfair dismissal along with other unspecified complaints. The tribunal noted she had been given an opportunity to provide reasons why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Claimants must have at least two years' qualifying service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims where this threshold is not met unless there are exceptional circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 2305100/2025
- Decision date
- 9 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No