Outcome
Individual claims
The claim was struck out because the claimant had less than two years service, which is the minimum qualifying period required under s.108 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
Mr O Khan was employed by Vision Serve Ltd for less than two years. He brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to insufficient qualifying service. The claimant was given an opportunity to explain why the claim 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 minimum two years continuous service required by s.108 Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment and remain live.
Practical note
Ordinary unfair dismissal claims require two years qualifying service; claimants with less service cannot pursue such claims unless they fall within an exception for automatically unfair dismissals.
Legal authorities cited
Statutes
Case details
- Case number
- 6018218/2024
- Decision date
- 21 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Vision Serve Ltd
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No