Outcome
Individual claims
The claimant was employed for less than two years 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 despite being given the opportunity.
Facts
The claimant E Stewart was employed by Allied Pharmacy for less than two years before being dismissed. The claimant brought a complaint of unfair dismissal along with other unspecified complaints. The tribunal considered whether the unfair dismissal claim should be struck out due to lack of qualifying service.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should proceed despite being given the opportunity. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require a minimum of two years continuous employment, and claims brought without this qualifying service will be struck out unless they fall within an exception such as automatic unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6003979/2025
- Decision date
- 23 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Allied Pharmacy
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No