Outcome
Individual claims
The claimant had less than two years' continuous service, which is required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mrs Bailey was employed by Mochi Bros Limited for less than two years before being dismissed. She brought a claim for unfair dismissal along with other unspecified complaints. The judgment notes that other complaints are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under s.108 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, and claims brought without this will be struck out unless there is an acceptable reason why the statutory requirement should not apply.
Legal authorities cited
Statutes
Case details
- Case number
- 1400057/2025
- Decision date
- 20 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No