Outcome
Individual claims
The claimant did not have the required two years' continuous service under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Miss Moore brought an unfair dismissal complaint against Unison and Starting Point Recruitment. She had been employed for less than two years. The judgment notes that other complaints brought by the claimant remain unaffected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous employment under section 108 ERA 1996. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Claimants without two years' service cannot bring ordinary unfair dismissal claims unless they fall within one of the automatic unfair dismissal exceptions under the Employment Rights Act 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 6018761/2024
- Decision date
- 9 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- UNISON
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No