Outcome
Individual claims
The claimant was employed for less than two years and therefore lacked the qualifying service required under section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to respond to the tribunal's letters requesting representations, and the claim was struck out.
Facts
Shannon Miller-Gardner brought an unfair dismissal claim against Consol tanning. She was employed for less than two years. The tribunal wrote to her twice giving her the opportunity to explain why the claim should not be struck out due to lack of qualifying service, but she failed to respond to either letter.
Decision
The tribunal struck out the claim because the claimant lacked the required two years' qualifying service under section 108 ERA 1996 and failed to respond to the tribunal's letters requesting representations as to why the claim should not be struck out.
Practical note
Claimants must have two years' continuous service to bring ordinary unfair dismissal claims, and failure to respond to tribunal correspondence requesting representations can result in a strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6003939/2025
- Decision date
- 6 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Consol tanning
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No