Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service to bring an unfair dismissal complaint under s.108 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.
Facts
The claimant was employed by G Horton Limited for less than two years. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the requisite two years continuous employment required under s.108 Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment.
Practical note
Unfair dismissal claims require two years qualifying service under s.108 ERA 1996, and claims lacking this will be struck out unless an exception applies (e.g. automatically unfair dismissal).
Legal authorities cited
Statutes
Case details
- Case number
- 6012583/2025
- Decision date
- 16 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- G Horton Limited
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No