Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the qualifying period under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
The claimant Miss A Elganas was employed by the respondent Haroon Ishtiaq for less than two years. She brought a complaint of unfair dismissal, along with other complaints. The tribunal noted that she had other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the minimum two years' service required under Section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide a reason why it should not be struck out but failed to do so.
Practical note
Ordinary unfair dismissal claims require at least two years' continuous employment, and claims lacking this qualifying period will be struck out at a preliminary stage unless an exception applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6003476/2025
- Decision date
- 9 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Haroon Ishtiaq
- Sector
- —
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No