Outcome
Individual claims
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 claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Dr M I Malik was employed by Seren Gobaith Hospital for less than two years. Following dismissal, Dr Malik brought a claim for unfair dismissal. The respondent did not appear to participate in the proceedings.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Ordinary unfair dismissal claims require at least two years' continuous service, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6026280/2025
- Decision date
- 19 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No