Cases→6000918/2025

Claimant v Crystal Clear Hygiene Limited (CVA)

28 April 2025Before Employment Judge Victoria Butleron papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required two years' continuous service 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 despite being given the opportunity to do so.

Facts

Mrs N Moore brought a claim for unfair dismissal against Crystal Clear Hygiene Limited (CVA). The respondent company appears to be in a Company Voluntary Arrangement. The claimant was employed by the respondent for less than two years.

Decision

The tribunal struck out the claim because the claimant did not meet the statutory two-year qualifying period required under section 108 of the Employment Rights Act 1996 for ordinary unfair dismissal claims. The claimant was given an opportunity to provide a reason why the claim should not be struck out but failed to do so.

Practical note

Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in the claim being struck out at a preliminary stage.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6000918/2025
Decision date
28 April 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Crystal Clear Hygiene Limited (CVA)
Sector
professional services
Represented
No

Claimant representation

Represented
No
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