Outcome
Individual claims
The claimant had less than two years continuous service as required by Section 108 of the Employment Rights Act 1996. The tribunal struck out the unfair dismissal complaint as the claimant lacked the statutory qualifying period and failed to give an acceptable reason why the complaint should not be struck out.
Facts
Mrs Marsden was employed by Jousters Childcare Ltd and brought an unfair dismissal complaint. She had less than two years continuous service with the respondent. The judgment notes that other complaints brought by the claimant were not affected by this strike-out, suggesting she had brought multiple claims.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the statutory minimum two-year qualifying period required under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide a reason why the complaint should not be struck out but failed to give an acceptable reason.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal falls within an automatically unfair category, and tribunals will strike out claims lacking jurisdiction at preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6003165/2025
- Decision date
- 20 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No