Cases3302052/2025

Claimant v Halfords Autocentres Limited

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out.

Facts

Mr Newby was employed by Halfords Autocentres Ltd for less than two years before his dismissal. He brought a claim for unfair dismissal. The judgment notes that the claimant has other complaints that are not affected by this strike-out, suggesting multiple claims were brought.

Decision

The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.

Practical note

Claimants must have at least two years continuous service to bring an ordinary unfair dismissal claim, and this jurisdictional requirement can lead to strike-out at a preliminary stage if not met.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
3302052/2025
Decision date
22 August 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No