Claimant v Whiting Landscape Limited
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying service requirement 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 despite being given the opportunity to do so.
Facts
The claimant D Brown brought an unfair dismissal complaint against Whiting Landscape Limited. The claimant had been employed by the respondent for less than two years. The judgment notes that the claimant had other complaints which were not affected by this judgment, suggesting multiple claims had been brought.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the two year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide a reason why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years' service and cannot establish an exception to the qualifying period requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6014373/2025
- Decision date
- 12 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No