Outcome
Individual claims
The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to give an acceptable reason why the complaint should not be struck out.
Facts
Mr York was employed by Bakers Waste for less than two years and brought a complaint of unfair dismissal along with other complaints. The claimant was given an opportunity to explain why his unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this judgment.
Practical note
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim under the Employment Rights Act 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 6001948/2023
- Decision date
- 14 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Bakers Waste
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No