Claimant v CAER HEALTH SERVICES Ltd
Outcome
Individual claims
The claim was struck out because the Claimant had less than two years' continuous service, which is required under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal complaint. 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
Mr Lidyard was employed by CAER HEALTH SERVICES Ltd for less than two years. He brought a claim for unfair dismissal. The tribunal considered whether the claim should be struck out on the basis that he did not meet the qualifying service requirement.
Decision
The tribunal struck out the claim because Mr Lidyard had less than two years' continuous service, which is required under Section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal complaint. He was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal falls within one of the automatically unfair categories that do not require qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 6008872/2025
- Decision date
- 15 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No