Outcome
Individual claims
The claim was struck out because the claimant had less than two years of service and therefore did not meet the qualifying period required under s.108 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 despite being given the opportunity.
Facts
The claimant S Thurlow was employed by Utopia Landscapes Limited for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal held a strike-out hearing to determine whether the unfair dismissal claim could proceed.
Decision
The tribunal struck out the unfair dismissal claim on the grounds that the claimant lacked the qualifying service of two years required under s.108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. The claimant's other complaints remain to be considered at a case management hearing.
Practical note
Ordinary unfair dismissal claims require two years' continuous service, and claims lacking this qualifying period will be struck out unless the claimant can show the dismissal falls into an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6005500/2025
- Decision date
- 20 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No