Claimant v Ascend Health Care and Childcare Training Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the statutory qualifying period under s.108 ERA 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
Mrs Randhawa brought a claim of unfair dismissal against Ascend Health Care and Childcare Training Ltd. She was employed for less than two years. The judgment notes that other complaints beyond unfair dismissal were also brought but are not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant had less than two years' service and therefore did not meet the statutory qualifying period under s.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.
Practical note
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim, and failure to meet this threshold will result in strike-out even where other claims continue.
Legal authorities cited
Statutes
Case details
- Case number
- 1303133/2022
- Decision date
- 16 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No