Claimant v Dyacare UK Ltd
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service, which is the statutory minimum 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
Miss Nguyen was employed by Dyacare UK Ltd for less than two years before her employment ended. She brought a claim for unfair dismissal along with other complaints. The tribunal noted she had insufficient qualifying service to bring an unfair dismissal claim under the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal claim because the claimant did not have the required two years' continuous service under section 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. Other complaints were unaffected.
Practical note
Unfair dismissal claims require two years' qualifying service unless the dismissal is automatically unfair, and claims lacking this basic jurisdictional requirement will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 1400261/2023
- Decision date
- 11 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Dyacare UK Ltd
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No