Outcome
Individual claims
The claim was struck out because 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 was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Facts
Vincentia Gray Allison brought an unfair dismissal claim against her former employer, Starlybek Care Ltd. She was employed for less than two years. The tribunal wrote to her on 12 March 2025 giving her an opportunity to explain why her claim should not be struck out for lack of qualifying service. She failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous employment under s.108 ERA 1996. Despite being given an opportunity to provide reasons why the claim should proceed, the claimant failed to do so.
Practical note
Unrepresented claimants bringing unfair dismissal claims without two years' service will have their claims struck out unless they can show the dismissal falls within an automatically unfair category that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6007272/2025
- Decision date
- 16 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No