Claimant v Primark Stores Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant was employed by Primark Stores Limited for less than two years before his employment ended. He brought a claim for unfair dismissal along with other complaints not specified in this judgment. The claimant was given an opportunity to explain why his unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' qualifying service under section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Unfair dismissal claims require two years' continuous employment unless the dismissal falls within an automatically unfair category, and claims lacking this qualification will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 3302895/2024
- Decision date
- 12 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No