Claimant v Language Tree Ltd
Outcome
Individual claims
The claimant had less than two years continuous service as required by section 108 of the Employment Rights Act 1996. The tribunal struck out the unfair dismissal complaint as the claimant did not meet the statutory qualifying period and failed to give an acceptable reason why the complaint should not be struck out.
Facts
T Packard was employed by Language Tree Ltd for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The judgment notes 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 minimum two years continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment and presumably continue.
Practical note
A claimant must have at least two years continuous employment to bring an ordinary unfair dismissal claim, and failure to meet this statutory threshold will result in the claim being struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6021319/2024
- Decision date
- 11 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No