Outcome
Individual claims
The claimant did not have the requisite two years continuous service required under 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 despite being given the opportunity to do so.
Facts
The claimant was employed by McDonald's Restaurants Ltd for less than two years. The claimant brought a complaint of unfair dismissal. The tribunal noted that the claimant had other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant lacked the requisite two years continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Employees must have at least two years continuous service to bring an ordinary unfair dismissal claim, and this qualifying period is strictly enforced by tribunals.
Legal authorities cited
Statutes
Case details
- Case number
- 6000188/2024
- Decision date
- 27 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No