Claimant v Crossroads Care Kent
Outcome
Individual claims
Struck out because the claimant did not have the required 2 years' continuous service to bring an unfair dismissal claim and failed to make submissions to the contrary within the 14 days afforded by the tribunal.
Facts
Ms Clark brought an unfair dismissal claim against Crossroads Care Kent. The tribunal identified that she did not have the required two years' continuous service necessary to bring such a claim. The tribunal gave her 14 days to make submissions to the contrary, but she did not respond.
Decision
The tribunal struck out the entire claim on the papers because Ms Clark lacked the qualifying period of two years' continuous employment required for an ordinary unfair dismissal claim under section 108 of the Employment Rights Act 1996, and she failed to provide any submissions challenging this within the time allowed.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal directions may result in strike out.
Legal authorities cited
Statutes
Case details
- Case number
- 6002507/2025
- Decision date
- 9 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No