Outcome
Individual claims
Struck out due to insufficient qualifying service. The claimant was employed for less than two years and did not fall within any exception to the section 108 Employment Rights Act 1996 qualifying period requirement. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by the respondent for less than two years and brought a complaint of unfair dismissal. The judgment indicates the claimant had other complaints remaining which were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the requisite two years' continuous service required under section 108 ERA 1996 and did not fall within any of the exceptions to this requirement.
Practical note
Without two years' qualifying service and absent any automatic unfair dismissal exception, an ordinary unfair dismissal claim has no reasonable prospect of success and will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6022473/2024
- Decision date
- 12 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No