Outcome
Individual claims
The claimant had less than two years service and therefore did not meet the qualifying service requirement 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.
Facts
Miss Scott was employed by Higher Farm Equine Ltd for less than two years. She brought a complaint of unfair dismissal. The judgment indicates there were other complaints beyond unfair dismissal that were not affected by this strike-out.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years continuous service under section 108 of the Employment Rights Act 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so.
Practical note
Ordinary unfair dismissal claims require a minimum of two years continuous service, and claims lacking this qualifying period will be struck out unless they fall within an exception such as automatically unfair dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6021960/2024
- Decision date
- 3 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- agriculture
- Represented
- No
Claimant representation
- Represented
- No