Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the minimum qualifying service required under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mrs Ahmed was employed by AI Foods Ltd Pepes for less than two years. She brought a claim for unfair dismissal along with other complaints. The tribunal determined that she did not meet the statutory minimum service requirement of two years under Section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years continuous employment and therefore lacked the qualifying service to bring such a complaint. The claimant's other complaints remain unaffected by this judgment.
Practical note
Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and claims lacking this fundamental requirement will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 1305300/2021
- Decision date
- 23 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No