Outcome
Individual claims
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. The tribunal struck out the claim after giving the claimant an opportunity to provide a reason why it should not be struck out.
Facts
The claimant was employed by Home Bargains for less than two years. He brought a complaint of unfair dismissal. The tribunal noted that other complaints existed but were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the statutory minimum of two years service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Unfair dismissal claims require at least two years continuous service unless the dismissal falls within an automatically unfair category which does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6012826/2025
- Decision date
- 23 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Home Bargains
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No