Claimant v Ness M Care Services Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore does not meet the qualifying service requirement under s.108 ERA 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.
Facts
The claimant was employed by Ness M Care Services Ltd for less than two years. She brought an unfair dismissal claim along with other complaints. The tribunal considered whether the unfair dismissal complaint should be struck out on jurisdictional grounds.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' service under s.108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. Other complaints remain unaffected.
Practical note
Ordinary unfair dismissal claims require two years' continuous service, and claims lacking this qualifying period will be struck out on jurisdictional grounds unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 3301663/2025
- Decision date
- 11 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No