Outcome
Individual claims
The claimant was employed by the respondent 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.
Facts
Mrs Z Naeem brought an unfair dismissal claim against her former employer Fanco Ltd T/A 365 Medicare. She was employed for less than two years. The judgment notes that the claimant has other complaints which are not affected by this decision regarding unfair dismissal.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service 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 give an acceptable reason.
Practical note
An unfair dismissal claim will be struck out where the claimant lacks the statutory minimum qualifying period of two years' continuous employment and cannot establish an exception to this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6016726/2025
- Decision date
- 4 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No