Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service and did not provide an acceptable reason why the complaint should proceed despite the qualifying service requirement under section 108 of the Employment Rights Act 1996.
Facts
Harvey Sawford brought an unfair dismissal claim against UK Fuels. The claimant had been employed by the respondent for less than two years. The claimant was given the opportunity to explain why the claim should proceed despite not meeting the statutory qualifying service requirement, but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim in its entirety. The claimant did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim, and provided no acceptable reason why an exception should apply.
Practical note
Unfair dismissal claims require two years' qualifying service unless they fall within specific exceptions, and failure to meet this threshold will result in a strike-out even before a response is required.
Legal authorities cited
Statutes
Case details
- Case number
- 6009097/2025
- Decision date
- 19 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- UK Fuels
- Sector
- energy
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No