Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is required under section 108 of the 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 despite being given the opportunity.
Facts
The claimant was employed by Balans Restaurant for less than two years and brought a complaint of unfair dismissal. The tribunal struck out the claim on the basis that the claimant lacked the statutory qualifying period of continuous employment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service as required by section 108 of the Employment Rights Act 1996, and the claimant failed to provide an acceptable reason why the claim should proceed.
Practical note
Unrepresented claimants often pursue unfair dismissal claims without understanding the two-year qualifying period, leading to procedural strike-outs.
Legal authorities cited
Statutes
Case details
- Case number
- 6019961/2025
- Decision date
- 27 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No