Cases6014268/2025

Claimant v Care Outlook

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required 2 years' continuous service to bring an unfair dismissal claim under the Employment Rights Act 1996. The tribunal determined she lacked qualifying service and no other causes of action were pleaded in the claim form.

Facts

Ms N Jones brought an unfair dismissal claim against her former employer, Care Outlook, a company in the healthcare sector. The tribunal considered the claim on the papers without a hearing. The claimant did not have the required two years' continuous employment necessary to bring an ordinary unfair dismissal complaint.

Decision

Employment Judge Fredericks-Bowyer struck out the entire claim because the claimant lacked the qualifying service of two years required for unfair dismissal under the Employment Rights Act 1996. No other causes of action were pleaded in the claim form, resulting in the dismissal of the entire claim.

Practical note

Unrepresented claimants must ensure they meet the two-year qualifying service requirement before bringing an ordinary unfair dismissal claim, and should plead alternative causes of action where appropriate.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6014268/2025
Decision date
13 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No