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 give an acceptable reason why the complaint should not be struck out.
The unpaid wages claim was not affected by the strike-out and will proceed to a future hearing.
Facts
The claimant was employed by the respondents for less than two years. Following termination, he brought claims for unfair dismissal and unpaid wages. The respondents are Andrew Graham and Holmebrook Limited.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years service and therefore did not meet the statutory qualifying period under section 108 ERA 1996. The unpaid wages claim was allowed to proceed.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal is automatically unfair, and claims without qualifying service will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6005418/2025
- Decision date
- 6 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Andrew Graham
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No