Claimant v Marika Slominska - Empire Freehold Investments Ltd
Outcome
Individual claims
The claimant was employed for less than 2 years and therefore did not meet the minimum service requirement under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
The claimant was employed for less than 2 years and therefore did not meet the minimum service requirement under Section 155 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant A McAlpine was employed by Marika Slominska - Empire Freehold Investments Ltd for less than two years. The claimant brought claims for unfair dismissal and redundancy pay. The judgment notes that other complaints brought by the claimant are scheduled to proceed to hearing on 11 October 2024.
Decision
The tribunal struck out the unfair dismissal and redundancy pay claims because the claimant did not have the required two years' continuous service to bring these claims under sections 108 and 155 of the Employment Rights Act 1996. The claimant was given the opportunity to provide reasons why the claims should not be struck out but failed to do so.
Practical note
Claimants must have at least two years' continuous service to bring claims for ordinary unfair dismissal and statutory redundancy pay, and failure to meet this threshold will result in those claims being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2401930/2024
- Decision date
- 19 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No