Claimant v The Grange Residential Care Home
Outcome
Individual claims
The claimant did not have the required two years' continuous service to bring an unfair dismissal claim under s.108 ERA 1996. The tribunal struck out the claim as the claimant had less than two years' service and failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Miss Lindsay was employed by The Grange Residential Care Home for less than two years before her employment ended. She brought a complaint of unfair dismissal along with other complaints. The tribunal noted she had insufficient service to bring an unfair dismissal claim and gave her an opportunity to explain why the claim should not be struck out, but she failed to provide an acceptable reason.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not meet the two-year qualifying service requirement under s.108 ERA 1996. The claimant's other complaints were unaffected by this judgment and presumably continued.
Practical note
Unfair dismissal claims require two years' continuous service unless the dismissal is automatically unfair for specified reasons such as whistleblowing or discrimination.
Legal authorities cited
Statutes
Case details
- Case number
- 6001311/2025
- 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