Claimant v Hawkins Motors Limited
Outcome
Individual claims
The claimant lacked the requisite two years continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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, C Turner, brought an unfair dismissal complaint against Hawkins Motors Limited. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints outstanding which were not affected by this strike-out decision.
Decision
Employment Judge Midgley struck out the unfair dismissal complaint on the basis that the claimant lacked the requisite two years continuous service required by section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years continuous service under section 108 ERA 1996, and tribunals will strike out claims lacking this qualifying period even where other claims remain live.
Legal authorities cited
Statutes
Case details
- Case number
- 6011158/2024
- Decision date
- 8 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No