Claimant v Arcane Tavern Limited T/a The Cornish Arms Inn
Outcome
Individual claims
The claimant had less than two years continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Bergman was employed by Arcane Tavern Limited trading as The Cornish Arms Inn for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis that he did not meet the two-year qualifying period required by section 108 ERA 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous service and therefore did not meet the statutory qualifying period. The claimant's other complaints were not affected by this judgment.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal falls within an automatically unfair category, and claims lacking this qualification will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6013562/2025
- Decision date
- 12 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No