Outcome
Individual claims
The claimant had less than two years continuous service. Section 108 of the Employment Rights Act 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.
Facts
Ms James was employed by Caremark Limited for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether she had the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the requisite two years continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints were unaffected by this judgment.
Practical note
Without two years qualifying service, an employee cannot bring an ordinary unfair dismissal claim, and such claims will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6000148/2025
- Decision date
- 18 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Caremark Limited
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No