Claimant v Asda Stores Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not have the statutory right to bring an unfair dismissal complaint 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
The claimant, Mr N McIntyre, worked for Asda Stores Ltd for less than two years before his employment ended. He brought a complaint of unfair dismissal. The judgment notes that other complaints were also brought but 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 claim should not be struck out but failed to do so.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal falls within specific automatic unfair dismissal categories, 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
- 3301848/2025
- Decision date
- 16 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No