Claimant v Butlins skyline Limited Minehead
Outcome
Individual claims
The claimant lacked the qualifying service of two years required under s.108 ERA 1996 to bring an unfair dismissal claim. The claimant was given the opportunity to provide an acceptable reason why the claim should not be struck out but failed to do so.
Facts
The claimant brought an unfair dismissal claim against Butlins skyline Limited Minehead. The claimant had been employed for less than two years. The claimant was given the 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 the claimant lacked the requisite two years' qualifying service required under s.108 ERA 1996 and had not provided any acceptable reason for why the claim should proceed.
Practical note
Ordinary unfair dismissal claims require two years' continuous employment, and claims without qualifying service will be struck out unless the claimant can establish an automatically unfair dismissal reason that does not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6004667/2025
- Decision date
- 12 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No