Claimant v KLN Freight (UK) Limited
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. The claimant was given an opportunity to provide an acceptable reason why the claim should not be struck out but failed to do so.
Facts
Mrs Korpysa brought an unfair dismissal claim against her former employer KLN Freight (UK) Limited (formerly Kerry Logistics UK). She was employed for less than two years. At a preliminary hearing on 21 May 2025, heard remotely by CVP, she appeared in person with lay support and a Polish translator. The respondent was represented by counsel.
Decision
Employment Judge Hutchings struck out the claim on the basis that the claimant did not have the required two years' continuous service to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The claimant was given an 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' qualifying service under section 108 ERA 1996, and claims brought without this will be struck out at preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 3304015/2024
- Decision date
- 21 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No