Claimant v Apple Retail UK Ltd
Outcome
Individual claims
The claim was struck out on jurisdictional grounds as the Claimant had been employed for less than the minimum two-year qualifying period required under s.108(1) ERA 1996. The Claimant was employed from 19 November 2022 until 11 June 2024, approximately 19 months. The Tribunal determined the claim had no reasonable prospect of success.
Facts
The Claimant was employed by Apple Retail UK Ltd from 19 November 2022 until 11 June 2024, a period of approximately 19 months. He brought a claim of unfair dismissal on 18 September 2024. The Respondent argued the Tribunal had no jurisdiction as the Claimant had not been employed for the minimum two years required to qualify for unfair dismissal protection. The Tribunal notified the Claimant on 11 August 2025 that it was considering striking out the claim for lack of reasonable prospects of success.
Decision
The Tribunal struck out the claim under rule 38(1)(a) on the ground that it had no reasonable prospect of success. The claim was bound to fail on jurisdictional grounds as the Claimant lacked the two-year qualifying period required under ERA 1996 s.108(1). The Claimant failed to provide any tenable ground for opposing the strike-out.
Practical note
Unfair dismissal claims brought by employees with less than two years' continuous service will be struck out on jurisdictional grounds unless an automatic unfair dismissal exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6012113/2024
- Decision date
- 10 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No