Outcome
Individual claims
Claimant had less than two years' continuous service required under s.108 Employment Rights Act 1996 to bring an unfair dismissal claim. The tribunal struck out the claim as the claimant failed to give an acceptable reason why it should proceed despite this jurisdictional bar.
Facts
The claimant was employed by the respondents for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether she had the requisite qualifying service to pursue the unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim as the claimant did not have the required two years' continuous service under s.108 Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should proceed but failed to provide an acceptable reason. Other complaints remained unaffected.
Practical note
Unfair dismissal claims require a minimum of two years' continuous employment, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6000282/2025
- Decision date
- 25 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No