Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years' continuous service required under section 108 of the Employment Rights Act 1996 to bring an ordinary unfair dismissal claim. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Mr Macdonald brought a claim for unfair dismissal against his former employer, TDW distribution. He was employed for less than two years. The tribunal noted that section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Decision
The tribunal struck out the claim because the claimant did not meet the statutory qualifying period of two years' continuous employment required under section 108 ERA 1996 to bring an ordinary unfair dismissal complaint, and provided no acceptable reason for the claim to proceed.
Practical note
Unrepresented claimants often do not understand that ordinary unfair dismissal claims require two years' qualifying service, leading to claims being struck out at an early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6006145/2025
- Decision date
- 8 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- TDW distribution
- Sector
- logistics
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No