Cases3301656/2025

Claimant v SOFWAVE MEDICAL UK LTD

21 August 2025Before Employment Judge QuillLondon Easton papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant had less than two years' service and therefore did not meet the qualifying period 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.

Facts

The claimant was employed by Sofwave Medical UK Ltd for less than two years. He brought a complaint of unfair dismissal along with other complaints. The claimant was given an opportunity to explain why the unfair dismissal complaint should not be struck out but failed to provide an acceptable reason.

Decision

The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.

Practical note

Ordinary unfair dismissal claims require a minimum of two years' continuous employment, and claims lacking this qualifying service will be struck out at the preliminary stage.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
3301656/2025
Decision date
21 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No