Cases6004657/2025

Claimant v Charlotte Vella-Rudd

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant had less than two years' service and therefore did not meet the qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to give an acceptable reason why the complaint should not be struck out.

Facts

The claimant W Lewis brought an unfair dismissal complaint against the respondent Charlotte Vella-Rudd. The claimant was employed for less than two years. The judgment notes that the claimant had other complaints which were not affected by this strike out decision.

Decision

The tribunal struck out the unfair dismissal complaint on the basis that the claimant did not meet the two-year qualifying period required under section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out.

Practical note

Unfair dismissal claims require a minimum of two years' continuous service unless the dismissal falls within an automatically unfair category.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
6004657/2025
Decision date
8 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No