Claimant v Kitchen Magic Limited
Outcome
Individual claims
The claimant had less than two years' service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal claim. The tribunal therefore had no jurisdiction to hear the complaint.
Facts
Miss Barton was employed by Kitchen Magic Limited for less than two years. She brought a complaint of unfair dismissal along with other unspecified complaints. The respondent applied for the unfair dismissal claim to be struck out on jurisdictional grounds.
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 and will continue.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service; claims brought without sufficient service will be struck out for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6020785/2024
- Decision date
- 23 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No