Claimant v Hazelcroft Garage Limited
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
Mr Emery brought an unfair dismissal claim against Hazelcroft Garage Limited. He was employed by the respondent for less than two years. The judgment indicates the claimant had other complaints which were not affected by this judgment.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the requisite two years' continuous service required by section 108 of the Employment Rights Act 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
An employment tribunal will strike out an unfair dismissal claim where the claimant has less than two years' qualifying service and cannot provide grounds for an exception.
Legal authorities cited
Statutes
Case details
- Case number
- 6002840/2025
- Decision date
- 10 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No