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 failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Chowdhury brought an unfair dismissal claim against his former employer, Empire Tandoori Ltd. He had worked for the respondent for less than two years. The tribunal struck out his unfair dismissal claim because he lacked the statutory minimum of two years' continuous service required under Section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to explain why the claim should proceed but failed to provide acceptable reasons.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the two-year qualifying period required by law. The claimant's other complaints were not affected by this judgment and remain live.
Practical note
This case confirms the strict application of the two-year qualifying period for ordinary unfair dismissal claims and demonstrates that tribunals will strike out claims where this jurisdictional requirement is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6012238/2025
- Decision date
- 11 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No