Claimant v B&M Retail Limited
Outcome
Individual claims
The claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claim form implied less than two years service and the claimant failed to present any argument that he had at least two years or that an exception applied. The tribunal found no reasonable prospect of the unfair dismissal complaint succeeding.
Facts
The claimant brought an unfair dismissal claim against B&M Retail Ltd. The claim form indicated the claimant had been employed for less than two years. The claimant sent an email on 14 May 2024 explaining why he believed his claim should continue, but did not address the qualifying service requirement. The claimant also referred to other complaints in an email dated 10 April 2025.
Decision
Employment Judge Quill 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 and no exception applied. The tribunal ordered the respondent to file a response to the claimant's other complaints.
Practical note
Unfair dismissal claims will be struck out at an early stage where the claimant clearly lacks the two years qualifying service and cannot demonstrate an applicable statutory exception.
Legal authorities cited
Statutes
Case details
- Case number
- 3302815/2024
- Decision date
- 17 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No