Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the qualifying period 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.
Facts
Mr Kosinski brought a claim for unfair dismissal against CDW Limited. He had been employed by the respondent for less than two years. The tribunal was asked to consider whether the claim should be struck out due to lack of qualifying service.
Decision
The tribunal struck out the claim because the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this qualifying service will be struck out unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 1304867/2024
- Decision date
- 26 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- CDW Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No