Claimant v Notch Durham
Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years.
Facts
The claimant brought a complaint of unfair dismissal against Notch Durham. The claimant had been employed by the respondent for less than two years. The judgment notes that the claimant has other complaints which are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint on the grounds that the claimant did not have the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6015161/2025
- Decision date
- 22 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Notch Durham
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No