Cases3300574/2023

Claimant v Soundvault Ltd

4 April 2025Before Employment Judge BradfordWatfordremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out under rule 37(1)(a) as having no reasonable prospect of success because the claimant did not have the required 2 years' continuous service to bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996.

Facts

Ms Glynn brought an unfair dismissal claim against Soundvault Ltd. The claimant was unrepresented and attended the hearing in person with support from her father. The respondent was represented by Ms Evans-Jarvis. The tribunal found that the claimant did not have sufficient length of service to bring the claim.

Decision

The tribunal struck out the unfair dismissal claim under rule 37(1)(a) as having no reasonable prospect of success because the claimant lacked the required two years' continuous employment to qualify for unfair dismissal protection under section 108 of the Employment Rights Act 1996.

Practical note

Unfair dismissal claims require two years' continuous service, and claims brought without this qualifying period will be struck out at preliminary hearing as having no reasonable prospect of success.

Legal authorities cited

Statutes

ERA 1996 s.108

Case details

Case number
3300574/2023
Decision date
4 April 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No