Claimant v Greensleeves Care Homes
Outcome
Individual claims
The claim was struck out because the claimant did not have the required 2 years' continuous service to bring an ordinary unfair dismissal claim under section 94 of the Employment Rights Act 1996.
Facts
Mr Shoyombo brought a claim for unfair dismissal against Greensleeves Care Homes. The employment judge considered the claim on the papers and determined that the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal claim. The judgment noted that the case remains live to deal with the possibility that other claims may be advanced in the claim narrative.
Decision
The tribunal struck out the unfair dismissal claim on the basis that the claimant lacked the statutory qualifying period of two years' service. The case was not entirely dismissed as the tribunal noted that other claims might be identified in the claim narrative, to be clarified at a preliminary hearing.
Practical note
Claimants must have two years' continuous service to bring an ordinary unfair dismissal claim, and claims lacking this qualifying period will be struck out unless they fall within an automatically unfair category.
Legal authorities cited
Statutes
Case details
- Case number
- 6001745/2025
- Decision date
- 9 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No