Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.108 Employment Rights Act 1996. The claimant was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.
Facts
Mrs Nodzak-Masih was employed by Care Dorset Limited for less than two years. She brought a complaint of unfair dismissal along with other complaints. The judgment indicates she was given an opportunity to explain why the unfair dismissal claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under s.108 Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and failure to meet this statutory threshold will result in the claim being struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6009427/2024
- 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