Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Miss Rathod was employed by West End Galleries Limited for less than two years before her dismissal. She brought a claim for unfair dismissal. The tribunal noted she also brought other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' continuous service and therefore did not meet the statutory qualifying period 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.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6018896/2025
- Decision date
- 26 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No