Claimant v Healthnet Homecare (UK) Ltd
Outcome
Individual claims
The claimant did not have the required two years' continuous service to bring an unfair dismissal claim 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.
Facts
Ms Crawshaw brought an unfair dismissal complaint against her former employer, Healthnet Homecare (UK) Ltd. She was employed by the respondent for less than two years before her dismissal. The judgment indicates she had other complaints pending that were not affected by this strike-out decision.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the minimum two years' continuous service required under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Without two years' qualifying service, an ordinary unfair dismissal claim cannot proceed unless it falls within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6003344/2025
- Decision date
- 28 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No