Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal claim under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mr Richards brought a claim for unfair dismissal against his former employer O'Neill and Brennan. He had been employed by the respondent for less than two years. The tribunal gave him an opportunity to explain why his claim should not be struck out, but he failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the statutory qualifying period of two years' continuous employment required under section 108 of the Employment Rights Act 1996, and failed to provide any acceptable reason why the claim should proceed despite this jurisdictional bar.
Practical note
Ordinary unfair dismissal claims require two years' continuous service, and a claim lacking this qualifying period will be struck out as having no reasonable prospect of success unless it falls within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6009352/2025
- Decision date
- 23 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No