Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
Miss Kpani-Addy was employed by Assist Care for less than two years and was dismissed. She brought a claim for unfair dismissal along with other unspecified complaints. The judgment notes she was given an opportunity to explain why her unfair dismissal claim should proceed despite insufficient service but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the statutory minimum of two years continuous employment required by s.108 Employment Rights Act 1996. The claimant's other complaints remain unaffected and will continue.
Practical note
Unfair dismissal claims require two years qualifying service except in cases of automatically unfair dismissal, and claims lacking this will be struck out on jurisdictional grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 6016927/2025
- Decision date
- 20 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Assist Care
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No