Outcome
Individual claims
The claimant did not have the necessary two years' continuous service required for an unfair dismissal claim under ERA 1996 s.108. The claimant failed to respond to the tribunal's notice giving an opportunity to make representations or request a hearing as to why the claim should not be struck out for having no reasonable prospect of success.
Facts
The claimant brought a claim for unfair dismissal against NHS Kent & Medway. The tribunal identified that the claimant did not have the necessary two years' continuous service required under the Employment Rights Act 1996. On 15 March 2025, the tribunal wrote to the claimant inviting representations or a hearing request as to why the claim should not be struck out for having no reasonable prospect of success. The claimant failed to respond.
Decision
Employment Judge Fowell struck out the unfair dismissal claim on the basis that the claimant lacked the requisite two years' qualifying service and had no reasonable prospect of success. The claimant's failure to respond to the tribunal's notice meant no representations were made. The claimant's remaining claim will proceed to a hearing.
Practical note
Unrepresented claimants who fail to respond to tribunal case management orders risk having their claims struck out, particularly where there is a clear jurisdictional bar such as insufficient qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6005188/2025
- Decision date
- 31 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No