Claimant v Care Navigation Ltd
Outcome
Individual claims
The claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Miss F Mapedzamombe was employed by Care Navigation Ltd for less than two years. She brought a complaint of unfair dismissal along with other complaints. The tribunal gave her the opportunity to explain why the unfair dismissal complaint should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require a minimum of two years' continuous employment unless the dismissal is automatically unfair, and a strike-out will be granted where this jurisdictional threshold is not met.
Legal authorities cited
Statutes
Case details
- Case number
- 1403470/2024
- Decision date
- 27 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No