Outcome
Individual claims
The claimant did not have the requisite two years' continuous service required under s.108 ERA 1996 to bring an ordinary unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant, Miss B Clarke, was employed by BSH Limited for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal gave her the opportunity to explain why the unfair dismissal complaint should not be struck out for lack of qualifying service, but she 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 employment under s.108 ERA 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service, and claims brought without this will be struck out unless they fall within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6022635/2025
- Decision date
- 9 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- BSH Limited
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No