Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period required by s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Basile was employed by Margot Bakery Limited for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis that he lacked the requisite two years qualifying service under s.108 ERA 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have two years continuous service as required by s.108 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. The claimant's other complaints were unaffected.
Practical note
Unfair dismissal claims require two years continuous service, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 3304707/2024
- Decision date
- 1 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No