Claimant v Boots Management Services Limited
Outcome
Individual claims
The claimant had less than two years' service and therefore did not meet the qualifying period required under section 108 of the 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
Mr Wattie was employed by Boots Management Services Limited for less than two years before his dismissal. He brought a complaint of unfair dismissal along with other complaints. The respondent or tribunal appears to have identified that the claimant lacked the qualifying service to bring an unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' continuous employment, failing to meet the statutory qualifying period under section 108 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason. Other complaints were unaffected.
Practical note
Employment tribunals will strike out unfair dismissal claims where the claimant demonstrably lacks the two-year qualifying period of service, even if other claims remain viable.
Legal authorities cited
Statutes
Case details
- Case number
- 6022436/2024
- Decision date
- 28 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No