Outcome
Individual claims
The claim was struck out because the Claimant had less than two years' service as required by section 108 of the Employment Rights Act 1996. 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
The Claimant brought an unfair dismissal claim against Gateway Resort Limited. The Claimant 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
The tribunal struck out the unfair dismissal complaint because the Claimant did not have the requisite two years' continuous service as required by section 108 of the Employment Rights Act 1996. The Claimant was given an opportunity to explain why the complaint should not be struck out but failed to provide an acceptable reason.
Practical note
Employment tribunals will strike out unfair dismissal claims where the claimant lacks the statutory two-year qualifying period, unless there are grounds for an automatic unfair dismissal claim that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 1604306/2024
- Decision date
- 27 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No