Claimant v Aspris Childrens Services Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying service requirement under s.108 Employment Rights Act 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Facts
Miss D Ellis brought an unfair dismissal complaint against Aspris Childrens Services Limited. She was employed by the respondent for less than two years. The tribunal sent her a letter on 17 April 2025 asking for reasons why the claim should not be struck out due to insufficient qualifying service, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that 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.
Practical note
This case reinforces the fundamental two-year qualifying service requirement for ordinary unfair dismissal claims under ERA 1996 s.108, and demonstrates that tribunals will strike out claims lacking jurisdiction where claimants cannot provide acceptable reasons to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6021157/2024
- Decision date
- 24 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No