Outcome
Individual claims
The claim was struck out because the claimant had less than two years service as required by 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
The claimant D Arthur was employed by Newbold Solicitors for less than two years. The claimant brought a complaint of unfair dismissal. The judgment notes that the claimant has other complaints that are not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the complaint should not be struck out but failed to do so.
Practical note
Ordinary unfair dismissal claims require two years continuous employment, and claims without sufficient service will be struck out as lacking jurisdiction regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6016923/2025
- Decision date
- 17 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- legal services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No