Claimant v Greene King Retail Services Limited
Outcome
Individual claims
The unfair dismissal complaint was struck out because the claimant had less than 2 years continuous service with the respondent, failing to meet the statutory qualifying period required under ERA 1996 s.108.
Facts
Mr Passley brought a claim against Greene King Retail Services Limited which included a complaint of unfair dismissal alongside other unspecified complaints. The claimant had less than two years continuous service with the respondent at the time of dismissal.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory two-year qualifying period required under the Employment Rights Act 1996. The claimant's other complaints were allowed to continue.
Practical note
Unfair dismissal claims require two years continuous service except in cases of automatic unfair dismissal, and claims lacking this qualifying period will be struck out at preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2401763/2024
- Decision date
- 5 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No