Claimant v Compass Group UK and Ireland Ltd
Outcome
Individual claims
The claimant had less than two years' continuous service and therefore did not meet the qualifying period required under section 108 of the 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.
Facts
The claimant was employed by Compass Group UK and Ireland Ltd for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other complaints. The claimant was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the minimum two years' continuous service required under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims will be struck out at a preliminary stage where the claimant lacks the two-year qualifying service period and cannot establish an exception to this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6022148/2024
- Decision date
- 17 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No