Cases6023776/2025

Claimant v Companies House

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant had less than two years continuous service as required by section 108 of the Employment Rights Act 1996, and therefore had no right to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

Facts

The claimant Mr A Hassan brought a complaint of unfair dismissal against Companies House. He was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints which were not affected by this particular judgment.

Decision

The tribunal struck out the unfair dismissal complaint because section 108 of the Employment Rights Act 1996 requires at least two years continuous service to bring such a claim, and the claimant did not meet this threshold. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

Practical note

Unfair dismissal claims require a minimum of two years continuous employment, and claims brought without this qualifying period will be struck out regardless of the merits of the underlying dismissal.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6023776/2025
Decision date
25 July 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
public sector
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No