Claimant v ARTDOTBARBERS LTD
Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was given the opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mr Mercedes was employed by Artdotbarbers Ltd for less than two years before being dismissed. He brought a complaint of unfair dismissal along with other unspecified complaints. The judgment notes that the claimant was given an opportunity to explain 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 on the basis that the claimant did not have the required two years continuous service to bring such a claim 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 continuous employment 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
- 1300050/2025
- Decision date
- 25 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No