Outcome
Individual claims
The claimant did not have the requisite two years continuous service required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity to do so.
Facts
Mr Squeglia was employed by Filco Supermarkets Ltd for less than two years before his employment terminated. He brought a claim for unfair dismissal. The tribunal considered whether he had the qualifying service required by statute to bring such a claim.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have two years continuous service as required by Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the mandatory two years qualifying service, unless the claim falls within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 1603324/2023
- Decision date
- 4 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No