Claimant v Hatwel Ltd T/a Caremark Hatfield, Welwyn and St Albans
Outcome
Individual claims
The claimant had less than two years continuous service which is required by Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out after being given the opportunity to do so.
Facts
The claimant brought a complaint of unfair dismissal against the respondent. The claimant was employed by the respondent for less than two years. The tribunal noted that the claimant had other complaints remaining which were not affected by this judgment on the unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the requisite two years continuous service required by Section 108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Practical note
Unrepresented claimants often fail to appreciate the two-year qualifying period for ordinary unfair dismissal claims and may pursue claims that are doomed to fail on jurisdictional grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 6007286/2024
- Decision date
- 7 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No