Cases6001745/2025

Claimant v Greensleeves Care Homes

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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

ERA 1996 s.94

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