Claimant v Spring Community Hub
Outcome
Individual claims
The claimant had less than two years continuous service and therefore did not meet the qualifying period required by section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
This claim was not affected by the strike-out judgment and remains to be determined.
Facts
Mrs Khanam was employed by Spring Community Hub for less than two years. She brought claims of unfair dismissal and disability discrimination. The respondent appears to be a charitable community organisation.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under section 108 ERA 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out. The disability discrimination claim remains active.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this qualifying period will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6017753/2024
- Decision date
- 17 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No