Claimant v Pathways To Opportunities
Outcome
Individual claims
The claimant had less than two years' service and therefore did not have the statutory qualifying period required under s108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by the respondent for less than two years and brought a complaint of unfair dismissal. The tribunal noted that the claimant had other complaints not affected by this judgment, suggesting this was a multi-claim case. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under s108 Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment.
Practical note
Unfair dismissal claims require two years' qualifying service except in cases of automatic unfair dismissal, and tribunals will strike out claims lacking jurisdiction even where other claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6018593/2025
- Decision date
- 15 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No