Outcome
Individual claims
The claimant had less than two years' continuous employment. Section 108 of the Employment Rights Act 1996 requires not less than two years' service 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.
Facts
The claimant was employed by the respondent for less than two years. He brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal struck out the unfair dismissal claim on the basis of insufficient qualifying service under section 108 ERA 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the requisite two years' continuous employment required by section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. Other complaints remain unaffected.
Practical note
Even where a claimant brings multiple claims, unfair dismissal will be struck out if the claimant lacks two years' qualifying service and cannot demonstrate the claim falls within an exception to the service requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6004258/2025
- Decision date
- 17 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No