Claimant v Swan Mill Paper Company Limited
Outcome
Individual claims
The claimant lacked the statutory qualifying period of two years' employment as prescribed by section 108 Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant submitted a claim for unfair dismissal on 29 March 2025. The claimant had less than two years' continuous employment with the respondent Swan Mill Paper Company Limited. The judgment indicates the claimant had other complaints pending which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the statutory two-year qualifying period required under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Claims for ordinary unfair dismissal require two years' continuous employment, and claims lacking this qualifying period will be struck out unless they fall within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6010795/2025
- Decision date
- 8 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No