Claimant v Asda Stores Limited
Outcome
Individual claims
The claimant had less than two years' continuous service as required by section 108 of the Employment Rights Act 1996. The tribunal struck out the unfair dismissal complaint as the claimant did not have the qualifying service and failed to provide an acceptable reason why the complaint should proceed.
Facts
The claimant brought a complaint of unfair dismissal against Asda Stores Limited. However, she was employed by the respondent for less than two years. The judgment notes that the claimant also has other outstanding complaints including discrimination claims which are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the minimum two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the complaint should not be struck out but only referred to discrimination complaints.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatically unfair category such as discrimination, and tribunals will strike out such claims at an early stage where the qualifying service is clearly lacking.
Legal authorities cited
Statutes
Case details
- Case number
- 6017942/2025
- Decision date
- 14 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No