Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service and therefore did not meet the qualifying period under section 108 of the Employment Rights Act 1996. 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
Mr Parker was employed by Marshall Motor Group for less than two years. He brought a claim for unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the required two years' continuous service under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. The claimant's other complaints were not affected.
Practical note
Ordinary unfair dismissal claims require at least two years' continuous service, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6008696/2024
- Decision date
- 23 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No