Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying service requirement 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.
Facts
The claimant Y Kechil brought an unfair dismissal claim against Chris Reynolds Pallets Ltd. The claimant had been employed by the respondent for less than two years. The judgment notes that the claimant has other complaints that are not affected by this strike-out judgment.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not meet the two-year qualifying service requirement under section 108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Practical note
Unfair dismissal claims require two years continuous service unless the dismissal falls into an automatically unfair category, and claimants who fail to meet this threshold will have their ordinary unfair dismissal claims struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6000368/2025
- Decision date
- 23 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No