Outcome
Individual claims
Claimant had less than two years' continuous service required by section 108 of the Employment Rights Act 1996. Claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Miss F McEvedy brought an unfair dismissal claim against her former employer, Harry Smith. The claimant had been employed for less than two years. The tribunal gave the claimant an opportunity to provide reasons why the claim should not be struck out, but she failed to give an acceptable reason.
Decision
The tribunal struck out the claim because the claimant lacked the required two years' continuous employment to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should proceed but failed to do so.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' continuous service and cannot establish an exception to the qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6016161/2025
- Decision date
- 27 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Harry Smith
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No