Outcome
Individual claims
Claim struck out because claimant did not have two years continuous employment as required by section 108 of the Employment Rights Act 1996. Claimant failed to respond to the tribunal's opportunity to make representations why the claim should not be struck out.
Facts
Miss Karmalkar brought a claim of unfair dismissal against Le Creuset. The tribunal wrote to the claimant on 12 March 2025 indicating that she appeared not to have the required two years continuous employment under section 108 of the Employment Rights Act 1996 and gave her an opportunity to make representations as to why the claim should not be struck out. The claimant failed to respond or make any sufficient representations.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have the required two years continuous employment and failed to respond to the tribunal's letter giving her an opportunity to make representations. The scheduled hearing dates of 28-29 May 2026 were cancelled.
Practical note
Claimants must have two years continuous employment to bring unfair dismissal claims unless specific exceptions apply, and must respond to tribunal correspondence when given an opportunity to make representations to avoid strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6007676/2025
- Decision date
- 2 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Le Creuset
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No