Outcome
Individual claims
The claim was struck out because the claimant did not have the required two years' continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996, and no exceptional circumstances applied.
The claim was struck out because the claimant did not have the required two years' continuous service to claim a redundancy payment under section 155 of the Employment Rights Act 1996, and no exceptional circumstances applied.
Facts
Mr Footitt brought claims for unfair dismissal and failure to pay a redundancy payment against Connect and Save. The tribunal issued a letter on 5 February 2025 inviting representations as to why the claims should not be struck out due to insufficient qualifying service. No response or request for hearing was received from the claimant.
Decision
Employment Judge Bann struck out both the unfair dismissal and redundancy payment claims because the claimant did not have the required two years' continuous employment to bring these claims under sections 108 and 155 of the Employment Rights Act 1996. The claimant has other claims remaining which are listed for hearing on 12 June 2025.
Practical note
Claimants must have at least two years' continuous service to bring claims for ordinary unfair dismissal and statutory redundancy payments, unless specific exceptions apply such as automatically unfair reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 6002390/2025
- Decision date
- 23 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Connect and Save
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No