Claimant v Leigh Evans Enterprise Tyres
Outcome
Individual claims
The claim was struck out because the Claimant did not have the required two years continuous service under s.108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The Claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity.
Facts
G Morris was employed by Leigh Evans Enterprise Tyres for less than two years before being dismissed. The Claimant brought a claim for unfair dismissal. The Respondent did not appear to have participated in the proceedings.
Decision
The tribunal struck out the unfair dismissal claim because the Claimant lacked the statutory qualifying period of two years continuous service required 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
Ordinary unfair dismissal claims require two years continuous service, and claims brought without this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6009190/2025
- Decision date
- 15 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No