Outcome
Individual claims
The claim was struck out because the claimant had less than two years continuous employment, which is the minimum qualifying period required 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.
Facts
C Vau brought an unfair dismissal claim against Assini Limited. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant has other complaints that are not affected by this strike-out judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required minimum 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.
Practical note
Unfair dismissal claims require a minimum of two years continuous employment, and claims brought without this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2301678/2025
- Decision date
- 16 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Assini Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No