Claimant v Strategic Software Applications Limited
Outcome
Individual claims
The claimant did not have the requisite two years' continuous employment required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
This claim is not affected by the strike-out judgment and will be considered at a hearing scheduled for 16 July 2026.
Facts
Ms Olarewaju was employed by Strategic Software Applications Limited for less than two years. She brought claims of unfair dismissal and wrongful dismissal. The unfair dismissal claim was struck out because she did not meet the statutory qualifying period of two years' continuous service required under Section 108 of the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the necessary two years' qualifying service. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The wrongful dismissal claim remains live and will proceed to a full hearing.
Practical note
Claimants must have at least two years' continuous employment to bring ordinary unfair dismissal claims, and this jurisdictional threshold will result in strike-out if not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6019951/2025
- Decision date
- 23 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No