Cases6007395/2025

Claimant v Workdry Ltd

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Claim struck out because the claimant did not have the requisite two years' continuous service required under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years and failed to provide an acceptable reason why the claim should not be struck out.

Facts

The claimant P Rees brought a claim for unfair dismissal against Workdry Ltd. The claimant was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints which were not affected by this strike out decision. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.

Decision

The tribunal struck out the unfair dismissal claim on the basis that the claimant did not meet the two-year qualifying service requirement under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason for the claim to proceed despite being given the opportunity.

Practical note

Unfair dismissal claims require two years' continuous employment under s.108 ERA 1996, and claims lacking this qualification will be struck out unless there is an acceptable exceptional reason.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6007395/2025
Decision date
11 July 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No