Claimant v Liberty Carers Limited (in Compulsory Liquidation)
Outcome
Individual claims
The claimant had less than two years continuous service which is required under section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant was employed by Liberty Carers Limited for less than two years before dismissal. The respondent company is now in compulsory liquidation. The claimant brought an unfair dismissal complaint along with other unspecified complaints. The tribunal noted that the claimant had other complaints which were not affected by this strike out judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the required two years continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason. The claimant's other complaints remain live.
Practical note
Unfair dismissal claims require two years qualifying service under section 108 ERA 1996, and claims lacking this will be struck out at the preliminary stage unless there is an automatic unfair dismissal argument.
Legal authorities cited
Statutes
Case details
- Case number
- 3304660/2024
- Decision date
- 21 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No