Claimant v Gynae Expert Limited
Outcome
Individual claims
The claimant had less than two years' continuous service and therefore did not have the statutory qualifying period required under s.108 Employment Rights Act 1996 to bring an unfair dismissal complaint. The claimant failed to give an acceptable reason why the complaint should not be struck out.
Facts
Miss Odd was employed by Gynae Expert Limited for less than two years and brought a complaint of unfair dismissal. The judgment notes that the claimant has other complaints which are not affected by this judgment, suggesting multiple claims were brought.
Decision
The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not have the requisite 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
Claimants must have at least two years' continuous service to bring an ordinary unfair dismissal claim unless the dismissal falls within an automatically unfair category that does not require a qualifying period.
Legal authorities cited
Statutes
Case details
- Case number
- 2309098/2024
- Decision date
- 9 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No