Outcome
Individual claims
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. The claim was struck out as the claimant had no reasonable prospect of success and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Ceyhan Aslan brought an unfair dismissal claim against Birkenstock. The claimant was employed by the respondent for less than two years. The tribunal considered whether the claim should be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the claim on the basis that the claimant did not have the required two years' continuous service under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
A claimant must have at least two years' qualifying service to bring an ordinary unfair dismissal claim, and claims without such service will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6017326/2025
- Decision date
- 18 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Birkenstock
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No