Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant A Onisor brought an unfair dismissal claim against Dnata Ltd. The claimant was employed by the respondent for less than two years. The tribunal invited the claimant to explain why the claim should not be struck out but no acceptable reason was provided.
Decision
The tribunal struck out the claim because the claimant did not meet the statutory requirement of two years continuous service under section 108 of the Employment Rights Act 1996, which is necessary to bring an ordinary unfair dismissal claim. The claimant failed to provide an acceptable reason to prevent the strike out.
Practical note
Claimants must have at least two years continuous employment to bring an ordinary unfair dismissal claim under section 108 ERA 1996, and claims lacking this qualifying service will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6018666/2025
- Decision date
- 26 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- DNATA Limited
- Sector
- transport
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No