Cases6022135/2024

Claimant v Style Acre

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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 was given an opportunity to provide an acceptable reason why the complaint should not be struck out but failed to do so.

Facts

The claimant was employed by Style Acre for less than two years. She brought a claim for unfair dismissal. The claimant was given an opportunity to explain why her claim should not be struck out but failed to provide an acceptable reason.

Decision

The tribunal struck out the claim because the claimant did not have the minimum two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant was unable to provide any acceptable reason for the claim to proceed.

Practical note

Unfair dismissal claims require at least two years' continuous employment unless the dismissal falls within an automatically unfair category that does not require qualifying service.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6022135/2024
Decision date
22 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No