Claimant v Wellbeing care Ltd
Outcome
Individual claims
Claimant did not have the required two years' service under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The claim was struck out for lack of jurisdiction as the qualifying period was not met.
Facts
Mrs Kus was employed by Wellbeing care Ltd for less than two years. She brought a claim for unfair dismissal. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable explanation.
Decision
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service and therefore did not meet the qualifying period required by s.108 Employment Rights Act 1996. The claimant failed to provide acceptable reasons why the claim should proceed.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and claims lacking this jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6001886/2025
- Decision date
- 12 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No