Claimant v Keir Transportation
Outcome
Individual claims
The claim was struck out because the claimant did not have the minimum two years' qualifying service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was given an opportunity to provide an acceptable reason why the claim should not be struck out but failed to do so.
Facts
Mr Watkins was employed by Keir Transportation for less than two years before being dismissed. He brought a claim for unfair dismissal to the employment tribunal. The tribunal struck out the claim on the basis that he lacked the minimum qualifying period of service required by statute.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service 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
Unfair dismissal claims require a minimum of two years' continuous employment unless the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6019049/2025
- Decision date
- 9 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No