Claimant v Talk 4 Business Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not have the qualifying service required for ordinary unfair dismissal. The tribunal gave the claimant an opportunity to make representations as to why the complaint should not be struck out, but the claimant failed to respond. The claim was therefore struck out.
Facts
Mr Anthony brought a claim of unfair dismissal against Talk 4 Business Ltd. The tribunal identified that the claimant appeared to have been employed for less than two years, meaning he did not have the qualifying service for an ordinary unfair dismissal claim. The tribunal wrote to the claimant on 9 November 2023 giving him an opportunity to make representations. The claimant failed to respond.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have two years' continuous service and failed to respond to the tribunal's invitation to make representations. The claimant's remaining claims continue and are listed for a preliminary hearing in March 2024 and a final hearing in May 2025.
Practical note
Claimants must have two years' qualifying service for ordinary unfair dismissal claims, and failure to respond to tribunal correspondence regarding potential strike-out can result in claims being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2304461/2023
- Decision date
- 8 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No