Cases6006988/2024

Claimant v Alun little

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant did not have the requisite two years' service required by section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.

Facts

Miss L Hanson brought a claim for unfair dismissal against Alun little. The claimant was employed by the respondent for less than two years. She was given the opportunity to explain why her claim should not be struck out but failed to provide an acceptable reason.

Decision

The tribunal struck out the claim because the claimant did not have the minimum two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The claimant could not provide a sufficient explanation for why the claim should proceed.

Practical note

Unrepresented claimants must understand the qualifying service requirements for unfair dismissal claims, and tribunals will strike out claims lacking the requisite two years' service unless an exception applies.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6006988/2024
Decision date
17 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No