Claimant v Keith & Debbie Barnett
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous employment, which is 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 despite being given the opportunity to do so.
Facts
Mrs C Morris brought an unfair dismissal claim against Keith & Debbie Barnett. She was employed by the respondents for less than two years. The tribunal gave her an opportunity to explain why the claim should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not have the minimum two years' continuous employment required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was given an opportunity to provide reasons why the claim should proceed but failed to do so.
Practical note
Unfair dismissal claims require a minimum of two years' continuous employment unless the dismissal falls within specific automatically unfair categories that do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2303783/2024
- Decision date
- 19 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No