Claimant v Seven (Derby) Limited
Outcome
Individual claims
The claimant did not have the required two years' qualifying service under s.108 Employment Rights Act 1996. The tribunal struck out the unfair dismissal claim as the claimant had no jurisdiction to bring it, having been employed for less than two years.
Facts
Miss Kirk brought an unfair dismissal complaint against Seven (Derby) Limited. She had been employed for less than two years. The tribunal noted that other complaints existed but were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' qualifying service under s.108 ERA 1996. The claimant was given the opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' continuous employment under s.108 ERA 1996, and claims without sufficient qualifying service will be struck out for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6008449/2025
- Decision date
- 27 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No