Claimant v Locoespresso (Ely) Ltd
Outcome
Individual claims
The claimant did not have the required two years' continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996. Her employment lasted only from 4 March 2023 to 20 December 2023 (approximately 9 months), and she accepted this fact. The tribunal therefore had no jurisdiction to hear the claim.
Facts
The claimant, Layla Victoria Hall, was employed by Locoespresso (Ely) Ltd from 4 March 2023 to 20 December 2023, a period of approximately 9 months. She brought a claim that included unfair dismissal. Neither respondent attended the preliminary hearing held by video. The claimant represented herself and accepted that she did not have the requisite two years' continuous service.
Decision
The tribunal struck out the unfair dismissal claim on jurisdictional grounds. Under section 108 of the Employment Rights Act 1996, a claimant must have at least two years' continuous service to bring an unfair dismissal complaint, which the claimant lacked. Other complaints in the claim were subject to separate case management orders.
Practical note
Unfair dismissal claims require two years' continuous service under ERA 1996 s.108, and lack of this qualifying period is a jurisdictional bar that will result in strike-out at a preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 3302130/2024
- Decision date
- 24 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 9 months
Claimant representation
- Represented
- No