Cases6007088/2025

Claimant v Responsive Advert Limited

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant did not have the required two years' continuous service as required by section 108 of the Employment Rights Act 1996. The tribunal struck out the claim as the claimant had no entitlement to bring an unfair dismissal complaint.

Facts

The claimant brought a complaint of unfair dismissal against Responsive Advert Limited. The claimant was employed for less than two years. The judgment notes that the claimant has other complaints that continue and are not affected by this judgment.

Decision

The tribunal struck out the unfair dismissal complaint because the claimant did not have the statutory minimum of two years' service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.

Practical note

Unfair dismissal claims require two years' continuous service unless the dismissal falls within an automatically unfair category, and tribunals will strike out claims where this jurisdictional threshold is not met.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6007088/2025
Decision date
9 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
media
Represented
No

Claimant representation

Represented
No