Outcome
Individual claims
Claim struck out because the Claimant did not have the requisite 2 years' service to bring an ordinary unfair dismissal claim. The Claimant also failed to respond to tribunal letters dated 8 May 2025 and 29 May 2025 requesting representations or a hearing, demonstrating failure to actively pursue the claim.
Facts
T Gower brought an unfair dismissal claim against EMCOR UK. The tribunal wrote to the Claimant on 8 May 2025 and 29 May 2025 noting that the Claimant did not appear to have the requisite 2 years' service for an ordinary unfair dismissal claim and requesting representations or a hearing on why the claim should not be struck out. The Claimant failed to respond to either letter.
Decision
Employment Judge Self struck out the unfair dismissal claim on two grounds: the Claimant did not have 2 years' qualifying service as required by section 108 of the Employment Rights Act 1996, and the Claimant failed to actively pursue the claim by not responding to tribunal correspondence.
Practical note
Unrepresented claimants must respond to tribunal correspondence and must have at least 2 years' continuous service to bring an ordinary unfair dismissal claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6008040/2025
- Decision date
- 8 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- EMCOR UK
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No