Claimant v FBA Medical/Regent Street Clinic/Travel Doc
Outcome
Individual claims
Claimant had less than two years service and therefore did not meet the statutory qualifying period under s.108 ERA 1996. Tribunal struck out the claim as claimant had no jurisdiction to bring unfair dismissal proceedings and failed to provide an acceptable reason why the claim should not be struck out.
Facts
Mr Hudson was employed by FBA Medical/Regent Street Clinic/Travel Doc for less than two years. He brought an unfair dismissal complaint to the Employment Tribunal. The tribunal considered whether he had the necessary qualifying service to bring the claim.
Decision
The tribunal struck out the claim because the claimant did not have the required two years continuous service under s.108 ERA 1996 to bring an unfair dismissal complaint. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Unrepresented claimants often fail to appreciate that ordinary unfair dismissal claims require two years qualifying service, resulting in jurisdictional strike-outs before any substantive hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6008618/2025
- Decision date
- 13 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No