Outcome
Individual claims
Claim struck out because the claimant had less than two years continuous service, which is the minimum qualifying period required under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the claim should not be struck out despite being given the opportunity to do so.
Facts
The claimant H Sillah was employed by Country Style Foods for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal. The tribunal struck out the claim on the basis that the claimant did not have the requisite qualifying service. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim on the basis that section 108 of the Employment Rights Act 1996 requires at least two years continuous service to bring such a claim, and the claimant did not meet this requirement. The hearing listed for 13 June 2025 was vacated.
Practical note
An unfair dismissal claim will be struck out where the claimant has less than two years qualifying service and cannot provide an acceptable reason (such as automatic unfair dismissal) to proceed without it.
Legal authorities cited
Statutes
Case details
- Case number
- 6016295/2024
- Decision date
- 16 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No