Outcome
Individual claims
The claimant did not have the requisite two years continuous service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The tribunal struck out the claim as the claimant failed to provide an acceptable reason why it should not be struck out despite being given the opportunity to do so.
Facts
Ms Burns brought a claim for unfair dismissal against four respondents including Gitpod GMBH and Lets Deel Limited. The claimant had been employed for less than two years. The judgment notes that other complaints brought by the claimant were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the qualifying period of two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal is for an automatically unfair reason, and claims without this qualifying period will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 1307871/2023
- Decision date
- 10 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Gitpod GMBH
- Sector
- technology
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No