Outcome
Individual claims
Claim struck out as claimant did not have the requisite two years' service under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. Claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity.
Facts
The claimant E Quinn brought an unfair dismissal complaint against their employer O C S Group UK Ltd. The claimant had been employed by the respondent for less than two years. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not meet the statutory requirement of two years' continuous service under section 108 of the Employment Rights Act 1996, which is necessary to bring an ordinary unfair dismissal complaint. The claimant could not provide sufficient justification to proceed.
Practical note
An unfair dismissal claim will be struck out if the claimant lacks the statutory minimum of two years' continuous employment, and this threshold requirement must be satisfied before the tribunal can consider the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6006515/2024
- Decision date
- 2 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No