Claimant v Citizens Advice Rhondda Cynon Taff Ltd
Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years' continuous service required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was employed for less than two years and failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Ms Gulliford-Foxhall was employed by Citizens Advice Rhondda Cynon Taff Ltd for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal invited her to provide reasons why the unfair dismissal complaint should not be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' continuous employment, which is the statutory minimum required under Section 108 ERA 1996. The claimant failed to provide acceptable reasons to prevent the strike out. Her other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' continuous service under ordinary circumstances, and tribunals will strike out claims at a preliminary stage where this jurisdictional threshold is not met and no automatic unfairness exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6013337/2025
- Decision date
- 15 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No