Claimant v Matrix APA (UK) Limited
Outcome
Individual claims
The claim was struck out under Rule 38(1)(a) for having no reasonable prospect of success. The claimant did not have the required two years' continuous service under section 108 ERA 1996 to bring an unfair dismissal claim, and failed to provide any response when given the opportunity to explain why the claim should not be struck out.
Facts
The claimant brought a claim of unfair dismissal against Matrix APA (UK) Limited. The claim form indicated that the claimant had been employed for less than two years. The tribunal wrote to the claimant on 15 May 2025 explaining that section 108 ERA 1996 requires two years' service to bring an unfair dismissal claim and gave the claimant until 29 May 2025 to provide reasons why the claim should not be struck out. The claimant did not respond.
Decision
Employment Judge Woodhead struck out the unfair dismissal claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The claimant lacked the required two years' continuous employment and failed to provide any explanation when given the opportunity to do so.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal correspondence identifying jurisdictional issues will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6009786/2025
- Decision date
- 16 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No