Claimant v St Giles Trust
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not have the qualifying service required under s.108 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.
Facts
The claimant was employed by St Giles Trust for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis that she did not meet the statutory qualifying service requirement.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service as required by s.108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims will be struck out where the claimant lacks the two-year qualifying service, unless the dismissal is automatically unfair for a specified reason that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 2307023/2023
- Decision date
- 3 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- St Giles Trust
- Sector
- charity
- Represented
- No
Claimant representation
- Represented
- No