Claimant v SW Square Limited
Outcome
Individual claims
The claimant had less than two years' continuous service. Section 108 ERA 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out when given the opportunity to do so.
Facts
Ms Bai was employed by SW Square Limited for less than two years before being dismissed. She brought a claim for unfair dismissal along with other unspecified complaints. The respondent or tribunal raised the issue of insufficient qualifying service.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under s.108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Her other complaints remain unaffected.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this jurisdictional threshold will result in strike-out even if other valid claims proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2306899/2024
- Decision date
- 26 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No