Claimant v PAYELLO LTD
Outcome
Individual claims
The claimant did not have the required two years of continuous employment under section 108 Employment Rights Act 1996 to bring a claim for ordinary unfair dismissal. The claimant failed to make representations or request a hearing after being given an opportunity to do so on 10 June 2024.
The claim remains live as the respondent failed to present a response. The tribunal has directed the claimant to provide a Schedule of Loss by 16 April 2025 with details of gross sums claimed and supporting documentation. The claim may be determined under rule 22 without a hearing.
Facts
Mr Ellerton brought claims for unfair dismissal and unlawful deductions from wages against Payello Ltd. The respondent failed to present a response. The tribunal wrote to the claimant on 10 June 2024 inviting representations as to why the unfair dismissal claim should not be struck out for lack of the required two years' continuous employment. The claimant failed to respond or request a hearing.
Decision
The tribunal struck out the unfair dismissal claim as the claimant did not have two years' service required under section 108 ERA 1996 and failed to make representations when given the opportunity. The unlawful deductions claim remains live and may be determined under rule 22 on paper once the claimant provides a Schedule of Loss.
Practical note
Claimants bringing unfair dismissal claims must have two years' continuous employment unless claiming automatic unfair dismissal, and failure to respond to tribunal orders can result in claims being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2216434/2023
- Decision date
- 22 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- PAYELLO LTD
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No