Outcome
Individual claims
The claimant had less than 2 years' service and therefore did not meet the statutory qualifying period required under Section 108 of the 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
The claimant R Clark was employed by Jacksons Dairies Limited for less than 2 years before dismissal. The claimant brought a claim for unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the necessary qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than the required 2 years' continuous employment under Section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other claims remain unaffected.
Practical note
Claimants must have at least 2 years' continuous service to bring an ordinary unfair dismissal claim, and tribunals will strike out claims that do not meet this statutory threshold.
Legal authorities cited
Statutes
Case details
- Case number
- 6017725/2025
- Decision date
- 28 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No