Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying period required under s.108 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
Miss Mitrovic was employed by TT Pub Management Ltd for less than two years. She brought a complaint of unfair dismissal along with other complaints. The tribunal noted she had not reached the qualifying service period required under s.108 Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years continuous employment and therefore did not meet the statutory qualifying period. The claimant's other complaints were unaffected by this judgment.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim under ERA 1996 s.108, and failure to meet this threshold will result in strike-out regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6023852/2025
- Decision date
- 14 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No