Claimant v Cornwall Marine Network
Outcome
Individual claims
The claimant had less than two years continuous service with the respondent. Section 108 of the Employment Rights Act 1996 requires not less than two years service to bring an unfair dismissal complaint. 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 Mrs P McMullen brought an unfair dismissal complaint against Cornwall Marine Network. She was employed by the respondent for less than two years. The judgment notes that the claimant had other complaints pending which were not affected by this strike out decision.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the required two years continuous employment under 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
A claimant must have at least two years continuous service to bring an ordinary unfair dismissal claim, and failure to meet this qualifying period will result in the claim being struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 1401035/2025
- Decision date
- 22 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No