Cases6012889/2025

Claimant v Industrial Water Jettings Systems Ltd

7 August 2025Before Employment Judge KM Rosson papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal claim 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.

Facts

Hailey Yates brought an unfair dismissal claim against Industrial Water Jettings Systems Ltd. She was employed by the respondent for less than two years. The tribunal considered whether the claim should be struck out due to insufficient qualifying service.

Decision

The tribunal struck out the claim because the claimant did not have the required two years' continuous employment to bring an ordinary unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should proceed.

Practical note

Ordinary unfair dismissal claims require a minimum of two years' continuous service, and tribunals will strike out claims where this jurisdictional threshold is not met and no automatic unfairness exception applies.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6012889/2025
Decision date
7 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No