Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Amanda Davey was employed by Croner Ltd for less than two years before her employment ended. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal noted she had less than the required qualifying service period and gave her an opportunity to explain why the unfair dismissal claim should not be struck out.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant lacked the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Ordinary unfair dismissal claims require two years' qualifying service, and claims brought without this will be struck out unless they fall within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6006083/2025
- Decision date
- 7 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Croner Ltd
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No