Claimant v Aston Berry Ltd (in voluntary liquidation)
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory qualifying period required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint.
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory eligibility requirement under section 155 of the Employment Rights Act 1996 for a redundancy payment.
Facts
The claimant was employed by Aston Berry Ltd, which is now in voluntary liquidation. She was employed for less than two years and brought claims for unfair dismissal and a redundancy payment. She was given an opportunity to explain why the claims should not be struck out but failed to provide an acceptable reason. The judgment notes that she has other complaints which are unaffected by this strike-out.
Decision
The tribunal struck out the unfair dismissal and redundancy payment claims on the basis that the claimant did not have the necessary two years' qualifying service required under the Employment Rights Act 1996. The claimant's other complaints remain live and are unaffected by this judgment.
Practical note
Claims for unfair dismissal and statutory redundancy payments require a minimum of two years' continuous service, and without this qualifying period the tribunal has no jurisdiction to hear such claims regardless of their merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6001032/2025
- Decision date
- 24 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No